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SE Takes the Leap, Highlighting Enphase's Superior Product

07/31/17

  08:42:00 am, by Jim Jenal - Founder & CEO   , 494 words  
Categories: All About Solar Power, Ranting

SE Takes the Leap, Highlighting Enphase's Superior Product - UPDATE!

UPDATE: The court has denied SolarEdge’s motion - read about it here.

In an earlier life I was a big firm lawyer, mostly handling hi-tech and intellectual property litigation.  Every now and then a client would get steamed over what they thought a competitor was doing, and would demand that we sue them - even though there was no merit in the case.  The competitor had a legal right to do what they were doing, even if it annoyed our client. 

Calmly, we would try to talk them down off the ledge less they draw more attention to the issue by suing than the activity ever would have on its own.  Apparently the folks at SolarEdge never got such advice as they have filed a frivolous lawsuit against competitor Enphase Energy over the video below.  Here’s our take…

SE is complaining that this video is “false and misleading” since it doesn’t illustrate the installation comparison that SE thinks is proper.  But that isn’t the standard.  Enphase says that they are comparing the install time on the roof between an Enphase-LG AC module and a SE optimizer system with separate modules.  Does that comparison exist in the real world of solar installations?  Of course.  In fact, if a solar installer wanted to use LG modules with SE, this is exactly the comparison that would be at issue! To suggest that such a comparison is false and misleading is to simply ignore real-world conditions. 

If SE wants to highlight a different, equally factual comparison, they are free to produce that ad, but that doesn’t give them the right to enjoin the factually accurate comparison that Enphase chose to highlight.

(SE also complains about the use of their logo in the video, but this is equally frivolous - that would be like saying that you couldn’t show a Pepsi can in a Coke ad.  Good luck with that.)

So far the court has not been too impressed with SE’s claim, denying a motion for a Temporary Restraining Order ("TRO"), saying:

Preliminary injunctive relief, whether in the form of a temporary restraining order or a preliminary injunction, is an “extraordinary and drastic remedy,” that is never awarded as of right.  In order to obtain such relief, a plaintiff must establish four factors: (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of  preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest.
Here, with respect to the request for a temporary restraining order in advance of a hearing for a preliminary injunction, plaintiffs have wholly failed to establish a likelihood of immediate irreparable harm to justify the issuance of a temporary restraining order at this time.

Apparently SE is afraid that Enphase will show the ad during SPI.  But thanks to this ill-begotten lawsuit, probably everyone who would have seen it at SPI, will see it now!  Way to take the leap, SE, nicely done.

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Comment from: solarkings  
5 stars
solarkingsThe SEDG litigation is great news! More advertising for ENPH’s superior product. I guess SEDG never read about the Streisand Effect, eh!! The litigation is an open statement that SEDG feels threatened by the AC Modules aka microinverters 2.0, and now they’ve just gone and given it more spotlight!! Go Enphase, go! Hoping Aleo is the potential partner Enphase was alluding to in last c.c. Would get them into even more markets like Germany and all of eastern Europe. AC Modules are the way… Great article, Jim.
08/02/17 @ 07:13
Jim Jenal is the Founder & CEO of Run on Sun, Pasadena's premier installer and integrator of top-of-the-line solar power installations.
Run on Sun also offers solar consulting services, working with consumers, utilities, and municipalities to help them make solar power affordable and reliable.

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