Case 2:24-cv-00262 Document 1 Filed 04/19/24 Page 1 of 41 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`MAXEON SOLAR PTE. LTD.,
`
`Plaintiff,
`
`v.
`
`CIVIL ACTION NO. 2:24-cv-262
`
`JURY TRIAL DEMANDED
`
`HANWHA SOLUTIONS
`CORPORATION and HANWHA
`ENERGY CORPORATION,
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Maxeon Solar Pte. Ltd. (“Maxeon”) files this complaint for patent infringement
`
`(“Complaint”) against Hanwha Solutions Corporation (“Hanwha Solutions”) and Hanwha Energy
`
`Corporation (“Hanwha Energy”) (collectively, “Hanwha” or “Defendants”), and alleges as
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`follows:
`
`THE PARTIES
`
`Maxeon
`
`1.
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`Maxeon is a limited liability company organized and existing under the laws of
`
`Singapore. Its principal place of business is located at 8 Marina Boulevard #05-02, Marina Bay
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`Financial Centre, Singapore 018981.
`
`2.
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`Maxeon’s history dates back to 1985, when its predecessor, SunPower Corporation
`
`(“SunPower”), was founded by Richard Swanson, a professor of electrical engineering at Stanford
`
`University, who conducted groundbreaking research on high-efficiency silicon solar cells.
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`Swanson, often referred to as “The father of solar in the U.S.,” led SunPower to become one of the
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`preeminent solar companies in the world, producing high-performance solar panels, systems, and
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`services for residential, commercial, and utility-scale markets. Eric Wesoff, “Dick Swanson
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`Retiring from SunPower, But Not Done,” Greentech Media (Oct. 8, 2012). Swanson is also known
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`for suggesting a famous correlation, “that the cost of the photovoltaic cells needed to generate solar
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`power falls by 20% with each doubling of global manufacturing capacity,” referred to as
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`“Swanson’s Law.” Geoffrey Carr, “Sunny uplands,” The Economist (Nov. 21, 2012).
`
`3.
`
`Since its inception, SunPower has made major investments in solar technology
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`development and innovation, and has become a global leader in the field. SunPower’s innovations
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`are embodied in, and protected by, a large patent portfolio spanning more than 1,650 patents
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`worldwide (including those asserted herein). These innovations have also been successfully
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`implemented in various industries around the world through best-in-class solar panel product lines.
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`Due to SunPower’s efforts, continued by Maxeon, today’s solar modules are significantly more
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`efficient and sustainable, and solar energy has become a viable alternative to non-renewable
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`energy sources.
`
`4.
`
`One specific innovation relates to solar cell technologies that utilize a tunnel oxide
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`layer with a silicon emitter. The term “TOPCon” stands for tunnel oxide passivated contact, and
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`refers to solar cells that incorporate a thin layer of silicon oxide (e.g., silicon dioxide, SiO2) to form
`
`a tunnel barrier between the silicon wafer and the metal contacts. See Feldman, et al., “A
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`Passivated Rear Contact for High-Efficiency n-Type Silicon Solar Cells Enabling High VocS and
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`FF > 82%” at 1 (28th European PV Solar Energy Conference & Exhibition, Paris, Sept. 30 – Oct.
`
`4, 2013) (hereinafter, “Feldman”).1 This oxide layer acts as a passivation layer that reduces the
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`surface recombination of the charge carriers, as well as a tunnel layer that allows the charge carriers
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`1 The term “TOPCon” appears to have been coined by researchers at the Fraunhofer Institute for
`Solar Energy Systems (ISE) in 2013. See Feldman at 1. Unsurprisingly, these researchers rely on,
`and cite throughout, research performed by Swanson. See generally id.
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`to tunnel through the barrier and reach the contacts. SunPower had designed and patented a Front
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`Contact Solar Cell using an oxide layer in this configuration years before the “TOPCon” moniker
`
`was ever used. Compare asserted U.S. Patent No. 8,222,516, Fig. 1 (annotated) with Feldman,
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`Fig. 3.
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`N-type silicon substrate
`
`Doped
`Region
`
`Antireflective
`Coating
`
`Passivating
`Oxide
`
`Metal Contact
`
`Tunnel Oxide Layer
`Doped Region
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`Metal Contact
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`Exemplary SunPower Front Contact Solar Cell Patent (2008)
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`Feldman “TOPCon” Solar Cell (2013)
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`5.
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`TOPCon technology is an improvement over conventional solar cell technologies,
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`such as passivated emitter and rear cell (“PERC”), because it can achieve improved operating
`
`characteristics, including higher conversion efficiency and power output. Another benefit to
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`TOPCon technology is its compatibility with existing industrial processes and equipment for solar
`
`cell manufacturing, and its ability to be integrated with other solar cell technologies, such as
`
`heterojunction, tandem, and bifacial solar cells, to further boost solar cell efficiency and
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`performance. For these reasons, TOPCon technology has emerged as the predominant technology
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`for new expansion and replacement of PERC technology, and has generated significant market
`
`interest.
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`6.
`
`In 2020, a group of researchers conducted a patent landscape report related to
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`TOPCon technology and found that “SunPower is the earliest patent assignee among the top six
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`companies” who own the most TOPCon patents and that SunPower’s “early patents might be the
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`parent applications of the initial structure of the TOPCon solar cell.” Chieh-Wa Tsai, et. al, Patent
`
`Analysis of High Efficiency Tunneling Oxide Passivated Contact Solar Cells, 13 ENERGIES 3060,
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`10 (2020); see also id., Fig. 8 (below, red box added).
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`TOPCon Patent Analysis (2020)
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`7.
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`In August 2020, SunPower completed a strategic spin-off of its solar panel
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`manufacturing and international operations to Maxeon Solar Technologies, Ltd., which is the
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`ultimate parent company to Maxeon. Maxeon and SunPower continued to develop and
`
`commercialize next generation solar panel technologies, with early stage research conducted by
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`SunPower’s Silicon Valley-based research and development group, and deployment-focused
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`innovation and scale-up carried out by Maxeon.
`
`Defendants
`
`8.
`
`Upon information and belief, Hanwha Solutions is a corporation organized and
`
`existing under the laws of the Republic of Korea. Its principal place of business is located at 24F,
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`86, Cheonggyecheon-ro, Jung-gu, Seoul, Republic of Korea, 04541.
`
`9.
`
`Upon information and belief, Hanwha Energy is a corporation organized and
`
`existing under the laws of the Republic of Korea. Its principal place of business is located at 411,
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`Hannuri-daero, Sejong-si, Republic of Korea.
`
`10.
`
`In 2012, Hanwha introduced Q.ANTUM, “a proprietary Passivated Emitter Rear
`
`Cell (PERC) technology,” which purportedly “set the industry standard by boosting the amount of
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`electricity a solar module generates.” https://www.hanwha.com/en/news_and_media/stories/
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`sustainability/growth-models-for-renewables-its-time-for-more-investment-innovation-and-
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`industry-leadership.html; 2 see also QCELLS Brochure Q.ANTUM NEO at 2 (Rev01_En
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`December 2021) (introducing “The World’s First Commercialized PERC” in 2012) (hereinafter,
`
`“Q.ANTUM Neo Brochure”), available at https://media.q-cells.com/v/FllBdFI1/. Hanwha reports
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`that its Q.ANTUM PERC technology provides an increase of seven percent power output
`
`2 Unless otherwise indicated, all websites cited herein were last accessed on April 19, 2024.
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`“compared to standard BSF cell (PERT technology).” See https://us.qcells.com/energy-
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`harvesting-technology/.
`
`11.
`
`Nine years later, in 2021, Hanwha announced a purported “New Era of Solar”
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`coinciding with the release of its Q.TRON Series, promoted as a “highly efficient N-type solar
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`module based on Q.ANTUM NEO Technology.” Q.ANTUM Neo Brochure at 2, 5; see also
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`Qcells Product Video Q.TRON G1+ (English) at 0:29 (May 16, 2022), available at
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`https://www.youtube.com/watch?v=vO2u9hopL3A&list=PPSV (screenshot below).
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`Q.ANTUM NEO Product Video
`
`12.
`
`Q.ANTUM NEO technology refers to a N-type solar cell where the “passivation
`
`layer and electrical interconnection functionality are integrated in the NEO Power Transmitter
`
`layer” that “allows for a full area passivation and full area contact at the same time thus overcoming
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`the PERC limitations.” Q.ANTUM Neo Brochure at 2 (partial screenshot below). Hanwha reports
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`that its Q.ANTUM NEO technology provides a 12.7 percent increase in power output compared
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`to standard PERC technology. See https://us.qcells.com/energy-harvesting-technology/.
`
`Q.ANTUM NEO “NEO Power Transmitter”
`
`13.
`
`The “NEO Power Transmitter” layer, however, is not new technology, but a design
`
`based on the same TOPCon technology that Maxeon had pioneered and patented years before. See
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`Q.Tron Residential Flyer at 1 (“Q.TRON is Qcells’ latest TOPCon N-type panel, incorporating
`
`cutting-edge and proprietary Q.ANTUM NEO Technology.” (emphasis added)), available at
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`https://us.qcells.com/wp-content/uploads/
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`2024/03/Flyer_Q.TRON_Residential_Flyer_Rev02.pdf; Qcells plugs in Completely Clean Energy
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`for Intersolar Europe 2022 (May 6, 2022) (“Q.ANTUM NEO is based on a TopCON-type cell
`
`structure that incorporates passivating contact technology to deliver higher efficiencies than
`
`typical PERC-type cells.” (emphasis added)), available at https://www.q-cells.eu/en/press-
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`releases/detail?tx_news_pi1%5Baction%5D=detail&tx_news_pi1%5Bcontroller%5D=News&tx
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`_news_pi1%5Bnews%5D=179&cHash=51dac6916e76006abe3eda52302350bb.
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`14.
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`Recently, Hanwha analyzed the performance of a “Q.Tron module with 132 M6-
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`size half-cells, using Q.antum Neo technology” (i.e., TOPCon technology) and found that these
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`cells “exhibit[ed] excellent efficiencies.” See Benjamin G. Lee et al.,3 “Towards >25% Efficiency
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`of Passivating-Contact Solar Cells in Mass Production,” SiliconPV 2023, 13th Int’l Conf. on
`
`Crystalline Silicon (published Feb. 22, 2024) at 4 (hereinafter, “Hanwha Q.ANTUM Neo
`
`Analysis”), available at https://www.tib-op.org/ojs/index.php/siliconpv/article/view/883/942.
`
`Hanwha’s analysis of its products’ efficiency also reveals that it began experimenting with using
`
`TOPCon technology as early as 2018 and plans to continue using this technology in the future.
`
`See id. at 2 (partial screenshot below).
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`JURISDICTION AND VENUE
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`15.
`
`This is an action for infringement arising under the patent laws of the United States
`
`35 U.S.C. § 271. Accordingly, this Court has subject matter jurisdiction pursuant to
`
`28 U.S.C. §§ 1331 and 1338(a).
`
`3 All contributing authors are noted as being affiliated with Hanwha Q Cells GmbH, Germany.
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`16.
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`Upon information and belief, each of the Defendants are subject to this Court’s
`
`specific and general personal jurisdiction pursuant to due process and/or the Texas Long Arm
`
`Statute, due at least to its substantial business in this State and District, including: (A) at least part
`
`of its infringing activities alleged herein; and (B) regularly doing or soliciting business, engaging
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`in other persistent conduct, and/or deriving substantial revenue from infringing goods offered for
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`sale, sold, and imported in or to Texas, and services provided to Texas residents directly and/or
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`vicariously through and/or in concert with its alter egos, intermediaries, agents, distributors,
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`importers, customers, subsidiaries, and/or consumers. For example, in a brochure titled “Hanwha
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`Snapshot 2023” describing Hanwha entities generally, Hanwha touts itself as “South Korea’s
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`seventh-largest business group”—“a multinational company” with “a robust network of domestic
`
`and
`
`global
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`affiliates.”
`
`
`
`See Hanwha Snapshot
`
`2023
`
`at
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`3,
`
`available
`
`at
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`https://www.hanwha.com/content/dam/hanwha/download/Hanwha-Snapshot-2023-en.pdf.
`
`Hanwha states they “have secured a reputation as a reliable and committed partner in major global
`
`markets, including the U.S. and Europe, by offering a diverse portfolio of energy solutions
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`including solar power . . . .” Id. at 15 (emphasis added).
`
`17.
`
`Additionally, in a separate brochure describing Hanwha entities generally, Hanwha
`
`describes its U.S. presence. See Hanwha Global Presence United States (hereinafter, “Hanwha’s
`
`United States Brochure”), available at https://www.hanwha.com/content/dam/hanwha/news
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`_and_media/Hanwha_at_a_glance/gallery/pdf/hanwha_global_presence_usa.pdf. According to
`
`Hanwha, “[p]rospects abound in the U.S., where Hanwha first established its presence in 1982.”
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`Id. at 1. Hanwha touts that “Hanwha’s American businesses are major players in the manufacture,
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`sale, and support of a wide variety of products” including “solar power solutions,” and plans to
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`“mak[e] a push to further expand its American operations.” Id.
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`Hanwha Solutions
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`18.
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`Hanwha Solutions claims to be “[c]harging the world with solar power.”
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`https://www.hanwhasolutions.com/en/. Its “head office, which is located in Seoul, Korea, plays a
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`crucial role in managing Hanwha Solutions global network” and the company “aspires to expand
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`its global network to proactively respond to changes in the global market.” Id.
`
`19.
`
`Hanwha Solutions provides an overview of the key sectors of its business with its
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`“Qcells Division” described as “[a] provider of total energy solutions, from solar modules and
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`systems to renewable energy plant development/construction and energy retail.” Hanwha
`
`Solutions 2023 Company Overview at 7 (hereinafter, “2023 Hanwha Solutions Company
`
`Overview”)
`
`(screenshot
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`below),
`
`available
`
`at
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`https://www.hanwhasolutions.com/static/en/data/Hanwha_Solutions_PPT_2023_EN.pdf.
`
`2023 Hanwha Solutions Company Overview
`
`20.
`
`Hanwha Solutions states that its “Qcells Division is a global provider of complete
`
`energy solutions” which is “actively pursuing businesses in major global markets by not only
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`producing solar cells and modules in the midstream sector, but also securing downstream value
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`chains, which includes renewable energy power plant development, construction, and operation as
`
`well as energy retail service.” https://www.hanwhasolutions.com/en/ (emphasis added).
`
`21.
`
`Hanwha Solutions’ Qcells Division has its “Global Executive HQ” in Seoul, its
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`“Technology & Innovation HQ” in Thalheim, Germany, and many other locations around the
`
`world. See 2023 Hanwha Solutions Company Overview at 11 (screenshot below). These locations
`
`include “Manufacturing Sites” and “Sales Network” in the United States. See id.4
`
`2023 Hanwha Solutions Company Overview
`
`4 See also Hanwha invests over $300M in cell and module manufacturing capacity expansions to
`meet growing solar demand (May 11, 2022) (“Hanwha said it will spend $170 million building a
`1.4-gigawatt solar module production facility in Dalton, Georgia, where Qcells already operates a
`1.7 gigawatt module factory. With the newly-built factory expected to come online as early as the
`first half of 2023, Qcells’ total production capacity in the U.S. will exceed 3 gigawatt – equivalent
`to one-third of current US
`solar module production capacity.”), available at
`www.hanwhasolutions.com/en/cs/news/view?idx=653&ref=%2Fen%2Fcs%2Fnews%2Flist;
`https://us.qcells.com/our-locations/ (listing “Sales offices” at 300 Spectrum Drive, Suite 1400, and
`400 Spectrum Drive, Suite 1250, Irvine, California, and “Manufacturer” in Dalton, Georgia.).
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`22.
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`Hanwha Solutions states that, as of Q1 2022, it “maintain[s] the No. 1 market share
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`in the U.S. residential and commercial solar markets with 24.1% and 20.6% of the market share,
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`respectively.” Hanwha’s United States Brochure at 1. Further, Hanwha Solutions has directed
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`projects at Texas, including “the construction of a 168-MW solar power plant” that “can power
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`30,000 homes and is one of only two solar power plants in the state with over 100 MW in capacity.”
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`Id. (partial screenshot below, red boxes added); see also Plugging into the Sun: How Hanwha is
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`Leading with Innovations in Solar Energy (Jan. 11, 2022) (promoting “Hanwha Q CELLS’ solar
`
`modules installed at a power plant in Texas, U.S.”) (partial screenshot below), available at
`
`https://www.hanwha.com/en/news_and_media/stories/sustainability/plugging-into-the-sun-how-
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`hanwha-is-leading-with-innovations-in-solar-energy.html.
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`Hanwha’s United States Brochure
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`Promoted Hanwha Solutions’ Qcells Power Plant in Texas
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`23.
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`Hanwha Solutions operates on its own and/or through direction and control of its
`
`subsidiaries including Hanwha Q CELLS America Inc., Hanwha Q CELLS USA Corp., and
`
`Hanwha Q CELLS USA Inc. The three entities operate in both a sales and/or manufacturing
`
`capacity within the United States. See https://us.qcells.com/our-locations/ (partial screenshot
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`below).
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`Hanwha Solutions’ Subsidiaries in the United States
`
`24.
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`For example, Hanwha Q CELLS USA Corp. “develops, invests, and delivers
`
`photovoltaic (PV) and battery energy storage system (BESS) projects through Development and
`
`Engineering, Procurement, and Construction (EPC) solutions in North America.” Q CELLS
`
`Reaches Completion of 168 its MWp Fannin County, Texas Project (December 14, 2021),
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`available at https://us.qcells.com/blog/operations-have-commenced-at-its-coniglio-solar-project-
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`located-in-fannin-county-texas-and-interconnecting-in-the-north-ercot-load-zone/. In December
`
`2021, Hanwha Q CELLS USA Corp. announced that “operations have commenced at its Coniglio
`
`Solar Project, located in Fannin County, Texas”—in this district—comprising “solar modules,
`
`supplied by Q CELLS America Inc.” Id.
`
`25.
`
`On May 26, 2022, Hanwha Q CELLS USA Corp. announced a “solar panel
`
`manufacturing expansion [] in Dalton, Georgia”—a “$171 million investment [to] boost
`
`production of advanced photovoltaic modules” and “serve the needs of U.S. customers with
`
`increased local manufacturing capacity.” Qcells announces solar panel manufacturing expansion
`
`will be in Dalton, Georgia (May 26, 2022), available at https://us.qcells.com/blog/qcells-
`
`announces-solar-panel-manufacturing-expansion-will-be-in-dalton-georgia/. The project was
`
`slated to “bring Qcells’ total capacity in the U.S. to 3.1 gigawatts, equivalent to one-third of the
`
`country’s solar module manufacturing capacity.” Id. (emphasis added). Per the announcement,
`
`the Dalton facility would produce “Qcells’ next generation photovoltaic cells, a high efficiency
`
`tunnel oxide passivated contact technology, better known as TOPCon.” Id. (emphasis added).
`
`“Qcells currently operates the largest solar module factory of its kind in the United States, based
`
`in Dalton, Georgia.” https://us.qcells.com/complete-energy-solutions/our-commitment/.
`
`26.
`
`In January 2023, Hanwha Q CELLS USA Corp. “announced the largest investment
`
`in U.S. solar history to build a complete and sustainable solar supply chain in the United States,”
`
`signaling “a production capacity of 8.4 GW by 2024” to “underscore[] Qcells’ commitment to
`
`USA manufacturing.” Id.
`
`27.
`
`Additionally, Hanwha Solutions offers a program to its Texas-based solar
`
`customers through Hanwha Q CELLS America Inc. called the “Qcells Texas SREC Program.”
`
`Qcells Flyer (June 2023), available at https://www.qpartnerus.com/qpp/s/article/Qcells-SREC-
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`Program-Flyer-Texas (partial screenshot below). SRECs (Solar Renewable Energy Credits)
`
`“represent the positive environmental impact of generating one megawatt-hour (MWh) of
`
`electricity from solar energy.” Id. at 2. The SREC Program “allows [the customer] to transfer
`
`[its] solar renewable energy credits (SRECs) to Qcells, and [Qcells] will give [the customer] an
`
`eGift card ($10 per kW).” Id. at 1. The program is meant to “contribut[e] to Texas’ renewable
`
`energy goals.” Id.
`
`Qcells Texas SREC Program
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`28.
`
`Further, Hanwha Q CELLS America Inc. operates Axia Solar Corporation (“Axia
`
`Solar”), 5 which states that it is “a one-stop-shop that owns every aspect of the home solar
`
`experience” offering everything “[f]rom solar equipment manufacturing and sales to solar
`
`financing, installation, service and beyond.” https://axiasolarusa.com/. Axia Solar “proudly
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`serves residents across California, Florida, and Texas.” Id. (screenshot below). Further, Axia
`
`Solar claims to “take[] great pride in providing Texas residents with effortless solar solutions that
`
`support energy independence and power up lifestyles.” https://axiasolarusa.com/locations/texas/.
`
`Axia Solar’s U.S. Reach
`
`5 Axia Solar has a principal place of business at 400 Spectrum Center Drive, Suite 1400, Irvine,
`California 92618—the same address as Hanwha Solutions’ subsidiary Hanwha Q CELLS America
`Inc. Compare https://axiasolarusa.com/contact/ with https://us.qcells.com/our-locations/.
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`29.
`
`Upon information and belief, Hanwha Solutions, through Axia Solar, manufactures
`
`and sells Accused Products (as defined later herein) to customers in Texas.
`
`30.
`
`This Court has personal jurisdiction over Hanwha Solutions, directly or through
`
`intermediaries, distributors, importers, customers, subsidiaries, and/or consumers including its
`
`U.S.-based, wholly owned subsidiaries, Hanwha Q CELLS America Inc., Hanwha Q CELLS USA
`
`Corp., Hanwha Q CELLS USA Inc., and Axia Solar Corporation (collectively “Hanwha Q Cells
`
`Entities”). On its own and/or through direction and control of its subsidiaries, Hanwha Solutions
`
`has committed acts of direct and/or indirect patent infringement within Texas, and elsewhere
`
`within the United States, giving rise to this action, and/or has established minimum contacts with
`
`Texas such that personal jurisdiction over Hanwha Solutions would not offend traditional notions
`
`of fair play and substantial justice.
`
`31.
`
`Hanwha Solutions also maintains a corporate presence in the United States through,
`
`at least, the Hanwha Q Cells Entities. On a company webpage titled “Hanwha Q CELLS,” it states
`
`that “the Hanwha Group has transformed Hanwha Q CELLS into the world’s leading producer of
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`solar cells and modules.”
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` https://www.hanwha.com/en/products_and_services/affiliates/
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`hanwha_q_cells.html. Hanwha Q Cells “penetrated the US market” in Q1 2019 and “began [its]
`
`acceleration to expand into the country by building a 1.7GW capacity module plant in the US state
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`of Georgia.” Id.
`
`32.
`
`Upon information and belief, Hanwha Solutions controls or otherwise directs and
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`authorizes all activities of the Hanwha Q Cells Entities, including the Hanwha Q Cells Entities
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`manufacturing, using, offering for sale, selling, and/or importing Accused Products, their
`
`components, and/or products containing the same, which incorporate the fundamental technologies
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`covered by the Asserted Patents (as defined later herein). The Hanwha Q Cells Entities are
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`Case 2:24-cv-00262 Document 1 Filed 04/19/24 Page 19 of 41 PageID #: 19
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`authorized to import, sell, or offer for sale the Accused Products on behalf of its controlling parent.
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`Upon information and belief, Hanwha Solutions researches, designs, develops, manufactures, and
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`sells the Accused Products and directs the Hanwha Q Cells Entities to do the same, as well as
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`import, offer for sale, and sell the Accused Products in the United States. Accordingly, the Hanwha
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`Q Cells Entities conduct infringing activities on behalf of Hanwha Solutions.
`
`33.
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`Upon information and belief, the Hanwha Q Cells Entities’ corporate presence in
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`the United States gives Hanwha Solutions substantially the same business advantages it enjoys in
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`conducting its business through its own offices or paid agents in the state. This includes the
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`Hanwha Q Cells Entities respective office locations in Irvine, California and Dalton, Georgia.
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`34.
`
`Upon information and belief, on its own behalf and/or via its alter egos,
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`representatives, authorized distributors, agents, intermediaries, importers, customers, subsidiaries,
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`and/or consumers maintaining a business presence, operating in, and/or residing in the United
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`States, Hanwha Solutions has distributed and sold the Accused Products in Texas, including within
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`this District.
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`35.
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`Upon information and belief, Hanwha Solutions has placed and continues to place
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`the Accused Products into the stream of commerce via established distribution channels
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`comprising at least representatives, customers, and/or its U.S.-based subsidiaries, the Hanwha Q
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`Cells Entities, for the sale of the Accused Products, with the knowledge and/or intent that those
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`Accused Products are imported, used, offered for sale, sold, and continue to be sold in the United
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`States and Texas, including in this District.
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`36.
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`In the alternative, the Court has personal jurisdiction over Hanwha Solutions under
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`Federal Rule of Civil Procedure 4(k)(2), because the claims for patent infringement in this action
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`arise under federal law, Hanwha Solutions is not subject to the jurisdiction of the courts of general
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`Case 2:24-cv-00262 Document 1 Filed 04/19/24 Page 20 of 41 PageID #: 20
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`jurisdiction of any state, and exercising jurisdiction over Hanwha Solutions is consistent with the
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`U.S. Constitution.
`
`37.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because,
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`among other things, Hanwha Solutions is not resident in the United States, and thus may be sued
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`in any judicial district, including this one, pursuant to 28 U.S.C. § 1391(c)(3).
`
`Hanwha Energy
`
`38.
`
`According to its website, “Hanwha Energy specializes in comprehensive energy
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`solutions”
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`including
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`the
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`production
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`of
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`“high-quality
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`electricity.”
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`https://www.hanwha.com/en/products_and_services/affiliates/hanwha_energy.html. It purports
`
`to be “diversifying [its] energy business and building businesses overseas in solar power
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`generation” with plants in Japan, Turkey, and India. Id. (emphasis added). Furthermore, Hanwha
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`Energy has “signed more than 1GW PPAs through [its] local subsidiary across several locations,
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`including Texas and Nevada.” Id. (emphasis added).
`
`39.
`
`Hanwha Energy operates on its own and/or through direction and control of its
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`subsidiaries including 174 Power Global. 6 “174 Power Global is headquartered in Irvine,
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`California and midtown Manhattan, New York” and is reportedly “the leading solar energy
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`company
`
`that
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`is
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`wholly
`
`owned
`
`by
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`Hanwha
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`Energy
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`Corporation.”
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`https://174powerglobal.com/faq/. 174 Power Global states that it “works closely with landowners,
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`local communities, financial investors, and other partners to build highly productive, utility-scale
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`6 According to public filings, 174 Power Global Corporation is also known as Hanwha Energy
`USA Holdings Corp. Silicon Photovoltaic Cells and Modules with Nanostructures, and Products
`Containing the Same, ITC-337-TA-1271, Hanwha Respondents’ Response to the Complaint and
`Notice of Investigation at 10 (Aug. 18, 2021). The entity is a corporation existing under the laws
`of the State of Delaware with a principal place of business at 300 Spectrum Center Drive, Irvine,
`California 92618—the same address as Hanwha Solutions’ subsidiary Hanwha Q CELLS USA
`Corp. See id.
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`Case 2:24-cv-00262 Document 1 Filed 04/19/24 Page 21 of 41 PageID #: 21
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`solar power plants and commercial/industrial projects throughout North America.” Id.
`
`(emphasis added). Per its website, 174 Power Global claims to have “signed nearly 2 gigawatts
`
`(GW) of power purchase agreements and has more than 8 GW of additional projects in the
`
`development pipeline,” and was ranked “2018’s #1 solar project development company by project
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`size in the United States by Wood Mackenzie.” Id.
`
`40.
`
`Hanwha Energy discusses plans directed at “the North American solar energy
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`market” through Hanwha Energy’s subsidiary, 174 Power Global, along with the acquisition of
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`“Texas-based
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`energy
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`retailer,”
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`Chariot
`
`Energy.
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`https://www.hanwha.com/en/news_and_media/ifr-hanwha-at-a-glance/global-presence.html
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`(partial screenshot below).
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`Hanwha Energy’s North American Footprint
`
`41.
`
`Per its website, 174 Power Global is involved in a joint venture for “12 utility-scale
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`solar and energy storage projects” located in several states including Texas which “will be put on
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`stream between 2022 and 2024.” Total and 174 Power Global to Jointly Develop 1.6 GW of Solar
`
`and Energy Storage Projects
`
`in
`
`the U.S.
`
`(Feb.
`
`3,
`
`2021),
`
`available
`
`at
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`https://174powerglobal.com/total-and-174-power-global-to-jointly-develop-1-6-gw-of-solar-and-
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`energy-storage-projects-in-the-u-s/ (partial screenshot below, red box added).
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`Case 2:24-cv-00262 Document 1 Filed 04/19/24 Page 22 of 41 PageID #: 22
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`Hanwha Energy’s Subsidiary Activities
`
`42.
`
`Additionally, on October 5, 2021, 174 Power Global announced “the beginning of
`
`construction of the Midlothian, Texas Gerdau Solar project, one of the largest behind-the-meter
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`(BTM) solar facilities in the U.S.”—a project “comprised of more than 231,000 solar panels.” 174
`
`Power Global, Gerdau Long Steel North America and TotalEnergies Break Ground on Gerdau
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`Solar Project in North Texas (Oct. 5, 2021), available at https://174powerglobal.com/174-power-
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`global-gerdau-long-steel-north-america-and-totalenergies-break-ground-on-gerdau-solar-project-
`
`in-north-texas/. 174 Power Global’s President, Henry Yun, Ph.D., stated that “[b]reaking ground
`
`at the Gerdau Solar project is an important milestone that expands our solar footprint and brings
`
`us one step closer to generating more clean power for Texas.” Id. (emphasis added). According
`
`to the press release, the site was expected to commence commercial operation by Summer 2022.
`
`Id.
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`Case 2:24-cv-00262 Document 1 Filed 04/19/24 Page 23 of 41 PageID #: 23
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`43.
`
`This Court has personal jurisdiction over Hanwha Energy, directly or through
`
`intermediaries, distributors, importers, customers, subsidiaries, and/or consumers including its
`
`U.S.-based, wholly owned subsidiary, 174 Power Global. On its own and/or through direction and
`
`control of its subsidiaries, Hanwha Energy has committed acts of direct and/or indirect patent
`
`infringement within Texas, and elsewhere within the United States, giving rise to this action,
`
`and/or has established minimum contacts with Texas such that personal jurisdiction over Hanwha
`
`Energy would not offend traditional notions of fair play and substantial justice.
`
`44.
`
`Hanwha Energy also maintains a corporate presence in the United States through,
`
`at least, 174 Power Global, which “build[s] highly productive, utility-scale solar power plants and
`
`commercial/industrial projects throughout North America.” https://174powerglobal.com/faq/.
`
`45.
`
`Upon information and belief, Hanwha Energy controls or otherwise directs and
`
`authorizes all activities of 174 Power Global, including 174 Power Global’s manufacturing, using,
`
`offering for sale, selling, and/or importing Accused Products, their components, and/or products
`
`containing the same,