Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017

Federal Court of Australia

Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017 File number(s): NSD 458 of 2019

Judgment of: BURLEY J

Date of judgment: 29 August 2023

Catchwords: PATENTS – patent for method for manufacturing a solar cell with a surface-passivating dielectric double layer, and corresponding solar cell – infringement – validity – claim construction PATENTS – infringement – construction of method and product claims – no infringement found PATENTS – validity – lack of inventive step – ss 7(2) and (3) of the Patents Act 1990 (Cth) – ground not established PATENTS – validity – lack of fair basis – legal test – claims fairly based PATENTS – validity – novelty – whether prior publications being patent applications and a patent anticipated claimed invention – claims 9, 11, 16 and 21 of the patent anticipated PATENTS – validity – lack of utility – promise of the invention – whether promises met – ground not established PATENTS – validity – lack of clarity – ground not established PATENTS – unjustified threats – whether applicant made unjustified threats of patent infringement in breach of s 128 of the Patents Act – ground established in relation to letters of demand CONSUMER LAW – misleading and deceptive conduct – whether respondents contravened s 18 of the Australian Consumer Law by representing that the accused products do not infringe any intellectual property rights and that the respondents are legally entitled to sell, and third parties are entitled to purchase, install and use those products – dismissed