USITC Institutes Investigation Based on Hanwha Q CELLS’s Claims of Infringement of their Patented Passivation Technology

DALTON, Ga.: Hanwha Q CELLS & Advanced Materials Corp. and Hanwha Q CELLS USA Inc. (collectively, “Hanwha Q CELLS”), global leading photovoltaic manufacturers of high-performance solar cells and modules, announced today that the U.S. International Trade Commission (USITC) has voted to institute an investigation of alleged patent infringement by JinkoSolar, LONGi Solar, and REC Group. This decision by the USITC signifies that Hanwha Q CELLS’s complaint satisfies the Commission’s rigorous pleading requirements, including evidence of importation and alleged infringement. The investigation will shortly be assigned to an administrative law judge who will set a schedule for the case.

The USITC’s decision is based on a formal complaint filed by Hanwha Q CELLS on March 4, 2019 in which the company alleged that JinkoSolar, LONGi Solar, and REC Group are violating U.S. trade laws by unlawfully importing and selling solar cells and modules that infringe Hanwha Q CELLS’s patented passivation technology. The complaint alleges that JinkoSolar, LONGi Solar, and REC Group have unlawfully incorporated this patented passivation technology—which plays an important role in improving the efficiency and performance of solar cells—into the structure of certain of their solar cells.

In the USITC, Hanwha Q CELLS seeks an exclusion order to halt the importation of infringing products and a permanent cease and desist order to stop the respondents from importing, marketing, and selling those products in the United States.

“We are pleased that the USITC has decided to initiate this investigation,” said Hee Cheul (Charles) Kim, Chief Executive Officer of Hanwha Q CELLS & Advanced Materials Corp. “Ensuring strong protections for intellectual property signals to producers that it is worthwhile to undertake the R&D necessary to increase efficiency and lower the cost of solar energy. Ultimately, protecting our intellectual property rights will enable us to keep innovating and investing in our products, which in turn will contribute to the growth and development of the U.S. solar industry and market.”

Hanwha Q CELLS recently opened a new 1.7-gigawatt solar module assembly plant in Dalton, Georgia. The facility is the largest of its kind in the western hemisphere and reflects Hanwha Q CELLS’s long-term commitment to the United States and the important residential, commercial & industrial, and utility markets here. The capacity of this facility will enable Hanwha Q CELLS to ensure a stable supply of advanced technology modules to the American marketplace.

For additional information on this matter, please visit www.q-cellsip.com.

About Hanwha Q CELLS’s Patent Infringement Litigation

Hanwha Q CELLS & Advanced Materials Corp. also filed patent infringement complaints against the same companies with the U.S. District Court for the District of Delaware. In Germany, Hanwha Q CELLS GmbH filed patent infringement complaints with the Regional Court of Düsseldorf against certain entities of JinkoSolar and REC Group. In Australia, Hanwha Q CELLS & Advanced Materials Corp. and Hanwha Q CELLS Australia Pty. Ltd. filed patent infringement complaints with the Federal Court of Australia against certain entities of JinkoSolar, LONGi Solar, and REC Group, as well as two distributors, Sol Distribution, and BayWa r.e. Solar Systems.

About Hanwha Q CELLS & Advanced Materials Corp.

Hanwha Q CELLS & Advanced Materials Corp. is a photovoltaic manufacturer with business operations in South Korea and manufacturing facilities in the United States (Hanwha Q CELLS USA Inc.) and South Korea. Hanwha Q CELLS & Advanced Materials Corp. offers a full spectrum of photovoltaic products, applications, and solutions, from cells and modules to kits, and large-scale solar power plants. Hanwha Q CELLS & Advanced Materials Corp. provides excellent services and long-term partnerships to its customers in the utility, commercial, governmental, and residential markets.

About Hanwha Q CELLS USA Inc.

Hanwha Q CELLS USA Inc. is located in Dalton, Georgia, and is a solar module manufacturing facility. It is a subsidiary of Hanwha Q CELLS & Advanced Materials Corp., one of the world’s largest and most recognized photovoltaic manufacturers.

About Hanwha Q CELLS GmbH

Hanwha Q CELLS GmbH is the German subsidiary of Hanwha Q CELLS Co., Ltd. Hanwha Q CELLS GmbH is responsible for the R&D, sale, and installation of a full spectrum of solar components—from modules and kits to systems and large-scale solar power plants—across all European markets, as well as Latin America, the Middle East, and North Africa. Hanwha Q CELLS GmbH’s parent company, Hanwha Q CELLS Co., Ltd., has diverse international manufacturing facilities in Malaysia and China.

About Hanwha Q CELLS Australia Pty. Ltd.

Hanwha Q CELLS Australia Pty. Ltd. is located in Sydney, Australia and provides high-quality photovoltaic modules and solutions to the Australian market. It is a subsidiary of Hanwha Q CELLS Co., Ltd., one of the world’s largest and most recognized photovoltaic manufacturers, known for its high-performance, high-quality solar cells and modules. Hanwha Q CELLS Australia Pty. Ltd. has been present in Australia since 2009 and in 2019 was awarded the title of Australia’s Top Brand PV by internationally recognized research institute EuPD for the fourth consecutive year.

Safe-Harbor Statement

This press release contains forward-looking statements. These forward-looking statements can be identified by terminology such as “will,” “expects,” “anticipates,” “future,” “intends,” “plans,” “believes,” “estimates,” and similar statements. Among other things, the quotations from management in this press release and the Hanwha Q CELLS’s operations and business outlook contain forward-looking statements. Such statements involve certain risks and uncertainties that could cause actual results to differ materially from those expressed in or suggested by the forward-looking statements. Except as required by law, Hanwha Q CELLS does not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise.

Source: Hanwha Q CELLS Co., Ltd.