First Solar warns global solar manufacturers of patent infringement

From pv magazine USA

U.S. solar panel manufacturer First Solar on its Q3 earnings call told analysts it has issued letters through its attorneys to major solar manufacturers, warning that it believes its patents are being infringed upon.

“With regard to intellectual property, we have recently sent notification letters to Tier 1 solar manufacturers that we believe are infringing on First Solar’s TOPCon patent portfolio,” said Mark Widmar, chief executive officer, First Solar.

The letters were issued to major global solar panel producers Longi, Trina Solar, Jinko Solar, JA Solar and Canadian Solar. A number of leading manufacturers are asserting patent-related claims against one another, many of which are related to TOPCon solar cell technology.

First Solar possesses a TOPCon patent portfolio through its acquisition of TetraSun in 2013. The company’s TOPCon portfolio includes patents and patent applications in the United States, Australia, Canada, China, Europe, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, Vietnam, and tje United Arab Emirates, with patent terms extending to 2030.

The company has begun investigating its competitors for alleged patent infringement. Following initial investigations, the company said it believes it has valid and enforceable patents related to TOPCon.

First Solar’s warning letter to its competitors alleged that the companies are using First Solar TOPCon patents without a license.

“We believe the IP-based uncertainty surrounding crystalline silicon manufacturers’ freedom to manufacture and sell TOPCon solar products and the potential complications for a PV project utilizing potentially infringing solar cells should be taken in consideration by developers, project owners and PPA off-takers as well as debt and tax equity financing parties,” said Widmar.

“In addition, we believe the current intellectual property landscape, particularly as it relates to TOPCon’s cell technology, underscores one of First Solar’s key competitive differentiators of delivering a unique proprietary homegrown, cadmium telluride semiconductor technology, in contrast to the highly commoditized crystalline silicon modules,” he concluded.