CHINA DAILY/Reuters The next major battleground over global climate tech will be in patent court. Tech entrepreneurs routinely obtain patents to protect both the hardware and manufacturing processes they invent. Clean energy is no different. But until recently, the industry was small enough that costly, complex lawsuits to stop IP infringement rarely made sense. That’s changing now that billions of dollars of investment and tax benefits are on the line. A tidal wave of patent lawsuits is coming for the renewable energy and EV industries, said Hilary Preston, vice chair of the law firm Vinson & Elkins. Preston should know: She’s leading the charge as counsel for the Singapore-based solar manufacturer Maxeon, which filed suit in Texas in April against three of its competitors, alleging that they violated US patents held by Maxeon protecting specific aspects of its solar cell design. In a court filing last week, one defendant, Canadian Solar, argued that Maxeon “has no legal basis for filing this lawsuit” because the two companies’ technologies are “fundamentally different.” Qcells and REC Solar, the other defendants, did not return requests for comment. The Maxeon suits follow several recent IP-related lawsuits involving clean tech companies, including one last week by a German engineering firm against a Texas solar producer, and another this year filed by the geothermal startup Fervo Energy. All this litigation could have a chilling effect on the clean tech revolution. But Preston believes it will have the opposite impact: “No one enjoys litigation, but when companies know the results of their decades-long R&D efforts will be protected in court, that actually incentivizes more innovation and pushes progress forward,” she said. |