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Maxeon Solar Technologies Expands Patent Dispute Against Aiko

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Maxeon Solar Technologies, Ltd. (NASDAQ: MAXN) files new IP infringement action in the Netherlands and sends cease & desist letter regarding false claims
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Intellectual property (IP) rights are critical in safeguarding innovations, particularly in high-tech industries such as solar technology. The initiation of preliminary injunction proceedings by Maxeon Solar Technologies is a significant strategic move to assert its IP rights and possibly deter infringing activities. The legal process, especially in patent infringement cases, can be lengthy and costly, affecting both the plaintiff's and the defendant's financial position and operations. The outcome of such litigation can lead to injunctions, which may halt the sale of infringing products, or financial settlements, impacting revenue and market share.

The patent in question appears to be central to Maxeon's product differentiation, emphasizing the importance of this legal action. If Maxeon prevails, it may secure a competitive advantage, potentially leading to an increase in market share and revenues. Conversely, if the defendants are found not to infringe or if the patent is invalidated, Maxeon could face setbacks in enforcing its IP rights. Stakeholders should monitor the proceedings closely as they may have implications for Maxeon's financial health and strategic positioning within the solar technology market.

The announcement of IP litigation can influence a company's stock price due to the potential financial implications. For Maxeon Solar Technologies, the costs associated with the legal action and potential outcomes need to be weighed against the benefits of protecting its IP. Investors often react to such news with caution, considering the uncertainty and the impact on future earnings. The issuance of a cease-and-desist letter also indicates Maxeon's commitment to aggressively protect its patents, which could be viewed positively by investors who value strong IP portfolios as an indicator of a company's innovative capacity and long-term growth potential.

It is important to evaluate the company's track record in litigation and its financial capability to sustain a prolonged legal battle. Additionally, the market should consider the potential for settlement agreements that could result in licensing fees or other financial gains for Maxeon. However, the unpredictability of legal proceedings makes it challenging to predict the precise impact on Maxeon's financial outlook.

The solar technology sector is highly competitive, with continuous innovation being a key driver for success. Patents like EP2297788B1, related to advanced solar cell architectures such as All-Back Contact (ABC) and Interdigitated Back Contact (IBC) solar cells, are fundamental in maintaining a technological edge. The enforcement of IP rights is a common strategy employed by companies to maintain exclusivity and command premium pricing.

For industry stakeholders, the outcome of this legal action could signal how aggressive companies might be in defending their IP and the potential for future litigation within the sector. A successful injunction against Eironn Netherlands B.V. and its wholesalers could also lead to supply chain disruptions and shifts in market dynamics. Competitors might need to reassess their technology strategies to avoid similar legal challenges, which could lead to increased R&D expenditures or strategic partnerships.

• New IP infringement action filed in the Netherlands
• Cease & Desist letter sent regarding false claims

SINGAPORE, Dec. 21, 2023 /PRNewswire/ -- Maxeon Solar Technologies, Ltd. (NASDAQ: MAXN), a global leader in solar innovation and channels, today announced that its subsidiary Maxeon Solar Pte. Ltd. has filed a request to initiate preliminary injunction proceedings concerning patent infringement claims against Eironn Netherlands B.V. (Aiko Energy) and its wholesalers VDH Solar Groothandel B.V. and Libra Energy B.V. in the Hague District Court, Netherlands.

New IP infringement action filed in the Netherlands, Cease & Desist letter sent regarding false claims

The patent infringement claims concern Maxeon's European Patent No. EP2297788B1 ("Back-contacted solar cells with doped polysilicon regions separated via trench structures and fabrication process therefor"). This patent relates to proprietary and fundamental solar cell architectures for rear or back contact solar cells, also known as All-Back Contact (ABC) solar cells or Interdigitated Back Contact (IBC) solar cells. In addition to the Dutch proceedings, Maxeon has a patent dispute pending against Aiko with respect to Maxeon's European Patent No. EP2297788B1, which Maxeon initiated in Germany in November 2023.

Maxeon has also issued a cease-and-desist letter (the "Letter") to Shanghai Aiko Energy Co., Ltd. and Aiko Energy Germany GmbH related to the "Aiko statement on patent infringement claims noticed by the Company," issued on the aikosolar.com website on November 16, 2023 (the "Statement"). In that Statement, Aiko made legally incorrect and misleading claims about Aiko's own patents "forming a complete protection system for [Aiko] products." In the Letter, Maxeon has demanded Aiko retract and refrain from making this claim.

"Aiko's own patents do not preclude Aiko from infringing patents held by third parties, including Maxeon's patents," said Marc Robinson, Maxeon's Associate General Counsel, Products & Technology. "The Statement made by Aiko is misleading and perpetuates a misunderstanding of the rights afforded to patent holders. Aiko and its downstream partners do not have rights to practice Maxeon's patents, and Maxeon will continue to vigorously pursue patent enforcement in Europe and other regions against Aiko and its partners."

"Maxeon expects Aiko, VDH, and Libra to immediately stop their ongoing use of Maxeon's patented technology," said Lindsey Wiedmann, Maxeon's Chief Legal & Sustainability Officer. "Technology innovation depends not only on a reliable patent system, but also fair competition. We are hopeful Aiko will correct its misleading claims regarding its patent rights."

About Maxeon Solar Technologies

Maxeon Solar Technologies, Ltd. (NASDAQ:MAXN) is Powering Positive Change™. Headquartered in Singapore, Maxeon designs and manufactures Maxeon® and SunPower® brand solar panels, and has sales operations in more than 100 countries, operating under the SunPower brand in certain countries outside the United States. Maxeon is a leader in solar innovation with over 1,600 patents and two best-in-class solar panel product lines. Maxeon products span the global rooftop and solar power plant markets through a network of more than 1,700 trusted partners and distributors. A pioneer in sustainable solar manufacturing, Maxeon leverages a +35-year history in the solar industry and numerous awards for its technology.

Forward Looking Statements

This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, including, but not limited to, statements regarding our future plans and areas of focus, our positioning and business plans for future success, and our positioning to enforce patent rights. These forward-looking statements are based on our current assumptions, expectations and beliefs and involve substantial risks and uncertainties that may cause results, performance or achievement to materially differ from those expressed or implied by these forward-looking statements. A detailed discussion of these factors and other risks that affect our business is included in filings we make with the Securities and Exchange Commission ("SEC") from time to time, including our most recent report on Form 20-F, particularly under the heading "Item 3.D. Risk Factors." Copies of these filings are available online from the SEC or on the Financials & Filings section of our Investor Relations website at https://corp.maxeon.com/financials-filings/sec-filings. All forward-looking statements in this press release are based on information currently available to us, and we assume no obligation to update these forward-looking statements in light of new information or future events.

©2023 Maxeon Solar Technologies, Ltd. All Rights Reserved. MAXEON is a registered trademark of Maxeon Solar Technologies, Ltd. Visit https://corp.maxeon.com/trademarks for more information.

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SOURCE Maxeon Solar Technologies, Ltd.

FAQ

What legal action has Maxeon Solar Technologies, Ltd. (MAXN) taken in the Netherlands?

Maxeon Solar Technologies, Ltd. (MAXN) has filed a request to initiate preliminary injunction proceedings concerning patent infringement claims against Eironn Netherlands B.V. (Aiko Energy) and its wholesalers VDH Solar Groothandel B.V. and Libra Energy B.V. in the Hague District Court, Netherlands.

What is the patent infringement claim related to?

The patent infringement claims concern Maxeon's European Patent No. EP2297788B1, which relates to proprietary and fundamental solar cell architectures for rear or back contact solar cells, also known as All-Back Contact (ABC) solar cells or Interdigitated Back Contact (IBC) solar cells.

What other legal actions are pending against Aiko?

In addition to the Dutch proceedings, Maxeon has a patent dispute pending against Aiko with respect to Maxeon's European Patent No. EP2297788B1, which Maxeon initiated in Germany in November 2023.

What is the cease-and-desist letter issued by Maxeon Solar Technologies, Ltd. (MAXN)?

Maxeon has issued a cease-and-desist letter to Shanghai Aiko Energy Co., Ltd. and Aiko Energy Germany GmbH related to the 'Aiko statement on patent infringement claims noticed by the Company' issued on the aikosolar.com website on November 16, 2023.

What were the claims made in the 'Aiko statement on patent infringement claims'?

Aiko made legally incorrect and misleading claims in the 'Aiko statement on patent infringement claims' issued on the aikosolar.com website on November 16, 2023.

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