First Solar Plans TOPCon Shift to U.S. Courts
First Solar Plans TOPCon Shift to U.S. Courts
Anonymous
Key Points
1
First Solar’s TOPCon patent portfolio includes issued patents in the United States, Australia, Canada, China, Japan and the European Union, with claimed validity extending to 2030 and beyond.
2
First Solar has already licensed its TOPCon intellectual property in the United States to solar-cell manufacturer Talon PV under an agreement signed last year.
3
First Solar General Counsel Jason Dymbort said the company appreciated the USITC’s “professionalism and diligence” during the investigation, even as it seeks to terminate the case.
4
The company’s patent litigation has broader implications for the U.S. solar-manufacturing market, where most currently operating domestic cell capacity uses PERC technology while announced capacity is more evenly divided between PERC and TOPCon.
First Solar is abandoning its complaint before the U.S. International Trade Commission and shifting its TOPCon patent fight to federal courts instead. AOL reported the company will withdraw the case without prejudice, meaning it can refile later. The move comes as the Trump administration imposed new duties on polysilicon, which First Solar says levels the playing field for U.S. solar makers.
The company will resume patent lawsuits against Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar, all alleging TOPCon technology theft. First Solar's TOPCon patent portfolio—acquired through its 2013 purchase of TetraSun—covers the United States, Australia, Canada, China, Japan, and the European Union, with protection extending to 2030 and beyond.
Why First Solar Ditched the ITC Route
First Solar filed the Section 337 complaint to block competitors from importing infringing solar cells into the U.S. market. But the company now sees federal courts as a faster, more effective path. AOL noted that First Solar's stock fell 5% when it announced the withdrawal, suggesting investors questioned the strategic pivot at first.
Trump's Polysilicon Tariffs Shift the Battlefield
The Trump administration's Section 232 tariffs on polysilicon and derivatives change the math for First Solar. The company argues these new duties already protect domestic solar makers, reducing the need for the slower ITC process. With tariffs in place, First Solar can now focus on winning patent cases in federal court instead.
TOPCon Technology Becomes Central to U.S. Solar
TOPCon cells—which use a tunnel oxide layer to boost efficiency—represent the future of U.S. solar manufacturing. Most current domestic cell capacity still uses older PERC technology, but newly announced plants are split between PERC and TOPCon. First Solar's patent control over TOPCon gives it real power over U.S. competitors and future production.
First Solar Already Has Licensed Its Patents
The company isn't leaving money on the table. First Solar licensed its TOPCon technology to Talon PV last year, generating revenue while keeping tight control of the patent. First Solar General Counsel Jason Dymbort said the company appreciated the USITC's work but chose to take the fight to federal courts where it can move faster and win bigger damages.
Sentiment
Mostly NegativeNEGATIVENEUTRALPOSITIVE
Publishers
14
Articles
13
Reach
27
A
AnonymousAuthor
