Photo:DKEM

DKEM (WUXI DK Electronic Materials Co., Ltd.), the leading Chinese manufacturer of photovoltaic conductive silver paste, has initiated legal action through its subsidiary, Solamet Materials Science Co., Ltd., against its rival Zhejiang Gonda Electronic Technology Co., Ltd., for patent infringement. The lawsuit, filed in the Zhejiang High People's Court, seeks RMB 200 million in damages, as disclosed by DKEM on November 6.

The dispute centers on Patent No. 201180032359.1, an invention for "Thick Film Paste Containing Lead-Tellurium-Lithium-Titanium-Oxide and Its Use in Semiconductor Device Manufacturing," a key technology in photovoltaic cell efficiency and stability. The patent is owned by Solar Paste LLC, a wholly-owned subsidiary of Solamet Materials Science Co., Ltd., the latter of which holds both the usage rights and the legal authority to pursue litigation.

Solamet claims that Zhejiang Gonda Electronic Technology has been manufacturing, selling, and offering for sale photovoltaic conductive silver paste products that infringe upon the patented technology without authorization. According to Solamet, this unauthorized activity has caused significant harm to its business, prompting it to seek full legal recourse.

The legal action includes three core demands: an injunction requiring the defendant to immediately cease production, sale, and offering of the infringing products, and to destroy the relevant molds; compensation of RMB 200 million for economic losses and reasonable legal costs; and that the defendant bear the full cost of the litigation.

This is not the first time that DKEM has enforced its patent rights regarding Patent No. 201180032359.1. In August 2021, Solamet Materials Science Co., Ltd. filed lawsuits in the Suzhou Intermediate People's Court against Changzhou Fusion New Material Co., Ltd., based on the same patent (No. 201180032359.1) and another invention patent (No. 201180032701.8). The two cases sought damages of RMB 99 million each.

In 2022, Solamet Materials Science Co., Ltd. filed another patent infringement lawsuit against Changzhou Fusion New Material Co., Ltd., involving Patent No. CN104916348B, seeking RMB 100 million in damages.

Simultaneously, Solar Paste LLC initiated cross-border litigation in the U.S. District Court for Delaware. Defendants included Changzhou Fusion New Material Co., Ltd., Risen ENERGY Co., Ltd., and its U.S. subsidiary. The litigation involved five U.S. patents—US7767254, US8497420, US8889979, US8889980, and US8895843—many of which are related family patents to those involved in the current case. Ultimately, all of these lawsuits were settled out of court.

The latest case underscores the increasing reliance on patent enforcement as a competitive tool within the solar industry. As the sector becomes more complex, with key technologies such as photovoltaic cells and conductive silver paste, intellectual property rights are gaining importance as companies compete for market leadership. The growing trend of patent litigation reflects a broader shift in the industry, where the ability to protect and enforce innovations through robust patent portfolios has become a critical factor in maintaining a competitive edge.

In the coming years, patent strength is expected to play a pivotal role in shaping the competitive dynamics of the photovoltaic industry. Companies that can maintain a strong and evolving patent portfolio will be better positioned to secure long-term market advantages and thrive in an increasingly competitive global market.