First success for Chint in solar tech case as EPO revokes JingAo Solar patent

The dispute between Chint and JingAo Solar concerns the latter’s EP 2 787 541 and EP 4 092 759. The patents relate to TOPCon technology, a new generation of solar cell innovation.

TOPCon (Tunnel Oxide Passivated Contact) describes a specific solar cell structure. The technology, developed at Fraunhofer ISE, uses an ultra-thin tunnel oxide combined with a thin silicon layer. According to the institute, this enables excellent charge carrier selectivity, increasing cell efficiency and performance even in poor lighting conditions.

The EPO’s Opposition Division has now declared EP 759 entirely invalid due to added matter. According to JUVE Patent sources, JingAo Solar plans to appeal the decision. The EPO upheld EP 541 at first instance in October 2024, though an appeal is pending.

UPC hearings

The parties are also fighting at the UPC, which has scheduled oral hearings for this autumn. JingAo filed an infringement action over EP 759 at the Hamburg local division in 2024 (case ID: UPC_CFI_429/2024). The court will hear this on 19 November.

The Chinese patent holder also filed a lawsuit over EP 541 at the Munich local division, which has scheduled a hearing for 28 October (case ID: UPC_CFI_425/2024).

In both cases, Chint and its subsidiary Astroenergy responded with a counterclaim for revocation and initiated parallel opposition proceedings at the EPO.

New boutique takes lead

Both at the UPC and in the opposition proceedings, Chint and Astroenergy relied on a team from new firm Pentarc. The IP boutique, which emerged as a spin-off from Taylor Wessing’s German patent practice this autumn, landed the client through recommendations. Partner Jan Phillip Rektorscheck leads at the UPC and works closely with patent attorneys Johannes Trapp and Manuel Grimm from Rosenheim-based patent law firm Flach Bauer & Partner, which handled the EPO proceedings.

The lawyer and patent attorney teams have collaborated for many years, even when the Pentarc team was still at Taylor Wessing. The Pentarc team also includes Tobias Baus, Julia Fischer and Verena Brusius.

Another opponent, Carbon/Semco Smarttech France, participated in the EPO proceedings but is not party to the UPC case. Plasseraud represented the company.

Patent holder JingAo Solar relied on lawyers from Bird & Bird and patent attorneys from Samson & Partner. Bird & Bird litigator Christopher Maierhöfer leads the UPC proceedings. The team also includes counsel Roksana Hosseini and associate Jonathan Hechler, as well as patent attorneys Claus Becker and Stefan Gross.

Samson & Partner patent attorney Oswald Niederkofler handled the opposition proceedings for EP 759. The team also included Stefan König and Federico von Samson-Himmelstjerna. Samson partner Robert Baier leads the parallel EPO proceedings for EP 541. According to the EPO register, Boehmert & Boehmert initially represented JingAo Solar before Samson & Partner took over during the opposition proceedings.

Bird & Bird’s attorneys and Samson & Partner’s patent attorneys regularly work together, notably for Nokia.