Patent Decision in Taiwan Reaffirms Commitment of Heraeus to a strong IP Position in Photovoltaics Industry
Heraeus Photovoltaics, the worldwide leading supplier of metallization solutions to the PV industry, announced today that the Taiwanese Intellectual Property Court decided to dismiss the infringement case of Heraeus against Giga Solar with Heraeus’ Taiwan patent no. I432539. Heraeus is reviewing the ruling carefully and reserves the right to appeal against the decision.
On June 10, 2015 Heraeus filed a lawsuit against Giga Solar complaining that Giga Solar infringes Heraeus´ patent-in-suit with its tellurium containing glass frit as a central technical component in the production of metallization pastes. Andreas Liebheit, the President of Heraeus Photovoltaics, believes rulings like these can have a significant effect on the pace of innovation in the photovoltaics industry, which is vital to accelerate global adoption of solar power. “We are surprised and disappointed by the court’s ruling because in the course of two years of litigation we saw our strong patent decision confirmed several times. While we consider our options to appeal, it is important to note that rulings like these send a chilling message to companies throughout our industry who invest significant capital on R&D efforts. Without appropriate protection for legitimate patents and intellectual property, the collective result is less incentive to make necessary investments across the PV industry.” Before today’s decision, this patent infringement case had a lengthy history with several positive decisions for Heraeus directly or indirectly. In December 2015, the Chinese Patent Reexamination Board of the State Intellectual Property Office confirmed the validity of Heraeus´ Chinese
patent no. 201010529562.7, which is technically related to Heraeus´
Taiwanese patent-in-suit. In August 2016, the Taiwan IP Court dismissed all invalidity arguments raised by Giga Solar in the patent infringement lawsuit and confirmed the validity of Heraeus’ Taiwanese patent-in-suit. An anti-trust complaint filed by Giga Solar against Heraeus in 2016 was also dismissed by the Taiwanese Fair Trade Commission. Most recently, on June 30, 2017, the Taiwanese Intellectual Property Office, again dismissed a patent cancellation action and confirmed the validity of Heraeus´
Taiwanese patent no. I432539. Despite the ruling, Liebheit affirmed the company’s legal efforts to aggressively protect its industry leadership in PV metallization innovations.
This currently includes more than 300 granted patents and patent
applications around the world. The patents focus on solar pastes, with a specific focus on glass compositions. Mr. Liebheit said, “As a company, we remain undeterred. To deliver the top quality and efficiency gains our customers need, we will continue to invest, we will continue to rapidly innovate, and we will rigorously protect and defend our intellectual property.”
About the Heraeus Photovoltaics Global Business Unit The Heraeus Photovoltaics Global Business Unit is an industry leading
developer and manufacturer of silver metallization pastes for the
photovoltaic industry. For over 40 years, Heraeus has built a reputation of innovation, extensive research and new product development in thick film technologies for some of the most prominent companies within a variety of industries. In the field of photovoltaics, the Heraeus Photovoltaics Business Unit applies this history and its innovative technology to offer metallization pastes for solar cell applications. The Heraeus SOL Series of silver pastes is specially formulated to provide higher efficiencies and wider processing windows, resulting in better yields and higher output for cell manufacturers.
About the Heraeus Group
Heraeus, the technology group headquartered in Hanau, Germany, is a leading international family-owned company formed in 1851. With expertise, a focus on innovations, operational excellence and an entrepreneurial leadership, we strive to continuously improve the businesses of our customers around the world. We create high-quality solutions for our customers and strengthen their long-term competitiveness by combining material expertise with technological know-how. Our ideas are focused on important issues such as the environment, energy, health, mobility and industrial applications. Our portfolio ranges from components to coordinated material systems which are used in a wide variety of industries, including the steel, electronics, chemical, automotive and telecommunications industries.
In the 2016 financial year, Heraeus generated revenues without precious metals of €2.0 bn and a total revenue of €21.5 bn. With approximately 12,400 employees worldwide in more than 100 subsidiaries in 40 countries, Heraeus holds a leading position in its global markets. In 2016, the Foundation for Family Businesses named Heraeus as one of the “Top 10 Family Businesses” in Germany.
