1 unchanged sentence
In our Annual Report on Form 10-K for the year ended December 31, 2020 we disclosed that in May 2019, we were served with three lawsuits by Huawei Technologies Co., Ltd., a Chinese entity (“Huawei”), against our two Chinese subsidiaries and our equipment manufacturer in China.
−Removed: The lawsuits, filed in the Guangzhou Intellectual property court, alleged infringement of three patents and ask for an injunction of manufacture, use, sale and offer for sale, and damage awards of approximately $4.7 million.
+Added: The lawsuits, filed in the Guangzhou Intellectual property court, alleged infringement of three patents and ask for an injunction of manufacture, use, sale and offer for sale,.
A first-instance judgment was issued on August 7, 2020 ordering the three defendants to collectively pay damages in the amount of approximately $1.6 million (including court fees) with respect of one of the patents.
−Removed: We believe that we have meritorious defenses to the claims asserted by Huawei and the judgement of the first instance court and have filed an appeal with the Supreme People’s Court.
−Removed: The first instance court’s judgement is not enforceable pending the appeal.
−Removed: In September 2018, our German subsidiary, SolarEdge Technologies GmbH received a complaint filed by competitor SMA Solar Technology AG (“SMA”).
−Removed: The complaint, filed in the District Court Düsseldorf, Germany, alleged that SolarEdge's 12.5kW - 27.6kW inverters infringe two of the plaintiff’s patents.
−Removed: In its complaint, SMA requested inter alia an injunction and a determination for a claim for damages for sales in Germany.
−Removed: Plaintiff also asserted a value in dispute of EUR 5.5 million (approximately $6,450) for both patents.
−Removed: We challenged the validity of both patents.
−Removed: With respect to one of the claims, in October 2020, the German Patent Court rendered the SMA patent invalid.
−Removed: With respect to the other claim, in November 2019, the first instance court stayed the infringement proceedings since it considered it to be highly likely that the second SMA patent would also be rendered invalid.
−Removed: We believe that we have meritorious defenses to the claims asserted on the remaining patent and intend to vigorously defend against the remaining lawsuit.
+Added: We appealed this judgement with the Supreme People’s Court.
+Added: The first instance court’s judgement is not effective or enforceable pending the appeal.
+Added: In addition, in January 2021, Huawei filed a motion to increase its claimed monetary damages to approximately $7.7 million and for a preliminary injunction with respect to the second lawsuit.
+Added: In February 2021, the preliminary injunction was rendered by the Guangzhou intellectual property court applying to seven inverter models.
+Added: In line with the court’s mandate, we took immediate action to make software changes to meet the court order and also appealed the decision.
+Added: In addition, on February 22, 2021 a first-instance judgment was issued ordering the three defendants to collectively pay damages in the amount of approximately $7.7 million (including court fees) with respect to the second patent.
+Added: We appealed this judgement with the Supreme People’s Court.
+Added: The first instance court’s judgement is not effective or enforceable pending the appeal.
+Added: We believe that we have meritorious defenses to the claims asserted by Huawei.
In addition in the normal course of business, we may from time to time be named as a party to various legal claims, actions and complaints (including as a result of initiating such legal claims, action or complaints on behalf of the Company), including the matters described in Item 3 –
“Legal Proceedings”
−Removed: of our Annual Report on Form 10-K for the period ended December 31, 2019.
+Added: of our Annual Report on Form 10-K/A for the period ended December 31, 2020.
It is impossible to predict with certainty whether any resulting liability from any such legal claims, actions or complaints would have a material adverse effect on our financial position, results of operations or cash flows.
+Added: ITEM 1A RISK FACTORS
+Added: There have been no material changes to the risk factors as described in Part I, Item 1A, "Risk Factors,"
+Added: in our Annual Report on Form 10-K/A for the year ended December 31, 2020.
+Added: ITEM 2 UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
+Added: ITEM 3 DEFAULTS UPON SENIOR SECURITIES
+Added: ITEM 4 MINE SAFETY DISCLOSURES
+Added: Not applicable.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.