Aiko Solar wins second patent dispute against Maxeon in Netherlands

A Dutch court has rejected Maxeon Solar’s request for a preliminary injunction against China’s Aiko Solar in a dispute over EP2297788B1, a back-contact (BC) solar cell patent.

The District Court of The Hague in the Netherlands has rejected a preliminary injunction request that Singapore-based Maxeon Solar filed against Chinese BC solar module manufacturer Aiko Solar.

Aiko Solar said the patent litigation involved Maxeon’s EP2297788B1 patent for back-contact solar cells.

“Aiko firmly upholds the value of technological innovation,” a company spokesperson told pv magazine. “We are the inventor of the two-step process behind our ABC technology and have built a strong portfolio of intellectual property around it. We take IP protection very seriously and remain confident that our products do not infringe Maxeon’s patent.”

The Dutch court rejected Maxeon’s injunction request after the company failed to pay the €375,000 ($423,480) security deposit required for the appeal, resulting in dismissal of the claim.

The same court rejected Maxeon’s initial injunction request in May, prompting the company to immediately file an appeal.

Maxeon said it chose not to proceed with the Dutch appeal as it plans to pursue the case through the European Union’s Unified Patent Court, which it considers more efficient in handling such matters.

“It is important to emphasize that, although Maxeon did not pursue the appeal case in the Netherlands, this does not preclude Maxeon from continuing to initiate patent infringement litigation with proceedings on the merits against Aiko's product in the Netherlands based on the same patent,” said Maxeon in a statement.

Maxeon also filed a patent lawsuit against Aiko Solar and German wholesaler Memedo GmbH in November 2023. These proceedings are still ongoing, according to Maxeon.