On October 7, Chinese manufacturer of photovoltaics (PV) LONGi Green Energy Technology claimed that it is not being “substantially affected” by the latest episode in its litigation with its Korean rival Hanwha Solutions Corporation. On July 5, Hanwha moved the Rotterdam District Court of the Netherlands to grant a cross-border interim injunction against LONGi through a summary proceeding. The court accepted the case on July 9. The injunction was to ban LONGi (Netherlands) Trading B.V., a subsidiary of LONGi Green Energy Technology, from distributing its allegedly infringing PV modules in European markets.

LONGi (Netherlands) Trading B.V. submitted its defense, rebutting the injunction on the grounds of patent invalidity, non-infringement, lack of basis of rights and enforcement, jurisdiction, unsuitability for summary proceedings, lack of urgency, and the balance of interests on September 2. The case was heard in an open court on September 10.

The court ruled LONGi (Netherlands) Trading B.V. to stop selling its PV modules Hi-M03, Hi-M03m, Hi-M04, Hi-M04m, Hi-M05, HiM05m in 9 European countries where Hanwha’s European patent 2 220 689 B1 applies. The 9 countries include Belgium, Bulgaria, Germany, France, Liechtenstein, Portugal, Spain, the United Kingdom, and Switzerland.

The court also decided that LONGi (Netherlands) Trading B.V. shall be punishable by a daily fine of 25,000 euros for breach of the injunction, up to a maximum of 5 million euros. The court handed down the injunction on Oct. 1.

LONGi said it will appeal the ruling to lift the injunction. LONGi also clarified that the subject of the ruling is only LONGi (Netherlands) Trading B.V. and the business of its other subsidiaries will not be affected by it.