The dawn of the new year has unfurled a series of legal battles within the photovoltaic (PV) industry, a sector already fraught with cutthroat competition and rapid technological advancementRecent revelations from Tianyancha reveal that Jinko Solar, one of the titans of the solar energy market, has launched a lawsuit against Longi Green Energy and Jiangxi Shangwei Technology Co., alleging infringement of invention patent rightsThis legal dispute is slated to be heard in the Jiangxi Province Nanchang Intermediate People's Court on February 13, 2025.

The ramifications of this lawsuit are significant, as reported by Jinko Solar to the media, highlighting that the core of the dispute hinges on TOPCon technology, a pivotal advancement in solar cell designThey have demanded that Longi Green Energy cease any infringement and seek damages for the alleged economic losses incurred due to the patent violations.

On the other hand, Longi Green Energy responded to inquiries from the China Business Journal on January 7, 2025, asserting that they had yet to receive any formal legal documents concerning the alleged patent infringement

As one of the companies in the photovoltaic sector with the largest portfolio of patents, Longi stressed their intent to rigorously defend their intellectual property and acknowledged the need to investigate the claims thoroughlyThey have signaled their readiness to counter-sue if warranted.

This latest legal confrontation is not an isolated event but rather part of a larger tapestry of patent disputes that have burgeoned in the photovoltaic industryOver the past two years, a misalignment between supply and demand in the PV market has intensified competition among leading firms, particularly concerning the innovative BC (Back Contact) and TOPCon (Tunnel Oxide Passivated Contact) solar cell technologiesThe bickering has spilled over into international arenas with firms like Trina Solar and JA Solar embroiled in litigation regarding homologous technologyFor example, in 2024, Trina Solar accused Canadian Solar of infringing on its TOPCon technology patents, leading to customs interventions to halt the export of suspected infringing products.

Patent disputes in the solar sector are not merely legal skirmishes; they embody both strategic market positioning and significant investments in research and innovation

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Wang Jun, a partner at Beijing Longnuo Law Firm, articulated this perspective, labeling patents as “commercial weapons” utilized by companies to protect their interests in a fiercely competitive industryHe outlined three primary strategies typically employed in patent confrontations: direct litigation, administrative complaints to national intellectual property bureaus, and customs interventions to seize suspected infringing products.

According to data from InfoLink Consulting, Jinko Solar, JA Solar, Trina Solar, and Longi Green Energy have solidified their standings as leading players in global PV module shipmentsEach of these companies has adopted TOPCon technology for manufacturing products, inevitably leading to friction in their competitive dynamicsJinko Solar, in particular, has been hailed as a representative enterprise championing the commercialization of TOPCon technology, with sales of TOPCon modules exceeding 80% in the first half of 2024.

Conversely, Longi Green Energy follows a diversified technological path, with TOPCon being just one of several strategies it employs

However, Longi's executives noted that their predictions for significant growth in TOPCon production capacity seemed overly ambitious, as seen with their establishment of a 30 GW TOPCon facility in Ordos.

These two industry giants have vied for the title of leading solar module seller for several yearsFrom 2016 to 2019, Jinko secured a remarkable four consecutive years as the leading firm in terms of module shipmentsFollowing this, Longi nosed ahead from 2020 to 2022, claiming the title for three years in a rowThe competition took another turn in 2023, as Jinko reclaimed its position as the leader in module shipments, with projections indicating it may maintain this status into 2024.

In the public discourse surrounding intellectual property rights and innovation, both Jinko Solar and Longi Green Energy have been ardent advocates for an enhanced respect for such rightsJinko's recent public statements have reaffirmed their commitment to protecting intellectual property, emphasizing collaborative approaches through patent licensing and paid usage to secure mutual benefits within the industry, condemning practices akin to “grab and use” without proper authorization.

Longi's chair, Zhong Baoshan, echoed similar sentiments during the 2024 SNEC event in Shanghai, indicating that the industry had historically suffered from insufficient intellectual property protection, allowing for rampant imitation that exacerbates the diffusion of technology

He stated that the photovoltaic sector must heighten its protective measures to foster a healthy, competitive environment.

Views from industry insiders suggest a complex web of technological acumen shared among the leading firms, hinting at the possibility that all parties might have exposed vulnerabilities—or “flaws”—that could be exploited amid the patent conflictsLongi, in particular, is believed to have strategized in anticipation of these legal battles, suggesting the potential for counteractions, thereby reciprocating the fateful tumult witnessed in patent litigation.

However, the time-consuming nature of patent litigation may induce unforeseen complicationsIf the legal disputes between Jinko and Longi span two to three years, the very relevance of TOPCon technology as the dominant industry standard could be jeopardized, considering the rapid evolution of solar technology

Since 2024, TOPCon technology has indeed emerged as a dominant player in the photovoltaic sphereYet, the clash with the BC technology demographic presents an increasingly heated competitive landscape.

The last two years have witnessed a robust surge in companies, such as Longi and Aiko Solar, advocating for the commercialization of BC technology, with many laying groundwork for related patents, anticipating production ramp-ups around 2025. Jinko, notably committed to advancing perovskite/TOPCon tandem cell research, is also rumored to be entering the BC technology domain soon.

While the interplay between TOPCon and BC technologies may be synergistic, leading to the innovation of TBC (Total Back Contact) technology, it raises questions about future competition dynamics among photovoltaic companiesWith the future of the patent wars between Longi and Jinko remaining uncertain, observers will be keenly watching whether resolutions, such as shared patent agreements or peaceful settlements, come to fruition, contingent on strategic shifts and temporal decisions by the respective corporations.

Further compounding the existing legal landscape, records from Tianyancha indicate that aside from the aforementioned patent disputes, there exist an additional three lawsuits filed on December 4, 2024, between Jinko Solar and Longi Green Energy, each carrying separate case numbers