JingAo and Astronergy case takes a turn following UPC decision

The UPC’s decision could have barred Astronergy from Western European markets for much of its current product range. After an unfavourable first-instance EPO ruling in October, the tide turned for JingAo. Both parties subsequently agreed to a licence deal.

The UPC’s Munich local division ruled that Chinese firm Chint and its German and Dutch subsidiaries Astronergy had infringed JingAo’s patent with their ASTRO N series solar modules (case ID: UPC_CFI_425/2024, UPC_CFI_751/2024). The judges under presding judge Matthias Zigann issued a sales ban.

JingAo Solar’s EP 2 787 541 formed the basis of the infringement action. The patent covers TOPCon technology, a new generation of solar cell innovation originally applied for by LG Electronics. The patent-in-suit is in force in Germany, France, Italy, the Netherlands, and the UK.

The EPO upheld the patent at first instance in October 2024, with the Opposition Division maintaining the patent as granted. Appeal proceedings are ongoing, with the Board of Appeal issuing a provisional opinion on 23 October 2025.

The UPC banned future distribution of six Astronergy ASTRO N series products in Germany, France, Italy, and the Netherlands, threatening a €20,000 fine per item for violations. The defendants must also pay €124,000 in interim costs.

The UPC fully rejected the defendants’ revocation counterclaim. Astronergy had until the end of January to appeal, but this is now moot as both parties have announced a cross-licensing agreement for TOPCon-related patents.

Further litigation averted

The Chinese manufacturers were also embroiled in another European dispute regarding this solar cell technology. Parallel EPO proceedings concerned EP 4 092 759, which is in the same technical field. In mid-October, the EPO Opposition Division invalidated EP 759 entirely due to added matter. JUVE Patent sources say JingAo Solar plans to appeal.

Long-arm jurisdiction over the UK was not raised in the UPC proceedings. Astronergy attempted a FRAND-like objection, arguing the patents were essential for solar cell technology. However, the court dismissed this argument.

Teams for UPC and EPO

Patent holder JingAo Solar relied on lawyers from Bird & Bird and patent attorneys from Samson & Partner. Bird & Bird litigator Christopher Maierhöfer led the UPC proceedings, supported by counsel Roksana Hosseini, associate Jonathan Hechler, and patent attorneys Claus Becker and Stefan Gross.

Samson & Partner patent attorney Oswald Niederkofler handled the EP 759 opposition proceedings, alongside Stefan König and Federico von Samson-Himmelstjerna. Partner Robert Baier leads the parallel EPO proceedings for EP 541.

The EPO register shows Boehmert & Boehmert initially represented JingAo Solar before Samson & Partner took over during opposition proceedings.

Bird & Bird’s lawyers and Samson & Partner’s patent attorneys frequently collaborate, notably for Nokia.

Chint and its German and Dutch subsidiaries Astronergy relied heavily on new firm Pentarc. The IP boutique, which spun off from Taylor Wessing’s German patent practice last autumn, won the client through recommendations. Partner Jan Phillip Rektorschek led at the UPC, working closely with patent attorneys Johannes Trapp and Manuel Grimm from Rosenheim-based Flach Bauer & Partner, which handled the EPO proceedings.

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

Munich local division’s 1st panel issued the decision. Presiding judge Matthias Zigann, judge-rapporteur Tobias Pichlmaier, Petri Rinkinen and technically qualified judge Giorgio Checcacci heard the case.