First Solar drops ITC patent case, turns focus to lawsuits against rivals

• First Solar is withdrawing its Section 337 ITC complaint without prejudice, leaving open the possibility of refiling later, and will resume federal patent lawsuits that had been paused
• The disputes involve TOPCon (tunnel oxide passivated contact) technology patents that First Solar acquired through its 2013 purchase of TetraSun, though the company manufactures cadmium telluride panels rather than silicon-based products
• T1 Energy, the only defendant to comment, called the ITC complaint 'flawed' and stated it would defend itself, noting it is the only American company that both owns TOPCon patents and manufactures TOPCon modules

First Solar Withdraws ITC Patent Case, Refocuses on Federal Court Litigation

First Solar Inc. announced Wednesday it will withdraw its patent infringement complaint from the U.S. International Trade Commission (ITC), shifting strategy to pursue lawsuits in federal court against major solar technology competitors.

Key Developments:

• The Phoenix-based company will withdraw its Section 337 complaint and seek termination of the ITC investigation without prejudice, preserving the option to refile
• Federal court patent lawsuits against affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar will resume after being paused during ITC proceedings
• The patents concern TOPCon (tunnel oxide passivated contact) technology, a high-efficiency crystalline silicon solar cell technology that has become dominant in the industry

Background:

First Solar acquired the TOPCon patents through its 2013 purchase of TetraSun and initiated infringement investigations against major manufacturers in 2024. Notably, First Solar itself manufactures cadmium telluride panels rather than silicon-based products like TOPCon.

Market Context:

The withdrawal follows the Trump administration's recent proclamation imposing trade measures on polysilicon and related solar product imports, which may have influenced First Solar's strategic pivot.

Industry Response:

T1 Energy, describing itself as "the only American company that both owns patents to high efficiency TOPCon solar and currently manufactures TOPCon solar modules," stated it would defend against remaining claims. Spokesperson Russell Gold called the ITC complaint "flawed" and argued it would have hindered U.S. energy production. Canadian Solar, Jinko Solar, and Trina Solar have not yet commented.

The legal maneuvering highlights intensifying intellectual property battles in the solar industry as companies compete over leading-edge technologies.