First Solar drops TOPCon patent complaint

U.S. solar manufacturer First Solar has announced a recalibration of its intellectual property enforcement strategy, opting to voluntarily withdraw its Section 337 complaint before the U.S. International Trade Commission (USITC).

Under Section 337 of the Tariff Act of 1930, the USITC investigates claims of unfair competition and patent infringement involving imported goods. If the commission finds a violation, it holds the power to issue exclusion orders that block infringing products from entering the United States entirely. In its initial complaint, First Solar sought to stop imports of Tunnel Oxide Passivated Contact (TOPCon) solar cells and modules made by competitors. Had the USITC ruled in First Solar’s favor, an exclusion order would have abruptly halted shipments from major international suppliers, severely choking domestic equipment supply and slowing project deployments across the solar industry at a time when developers are rushing to meet historic electricity demand.

First Solar cited recent federal Section 232 actions placed on imported polysilicon and its derivatives as the catalyst for withdrawing the trade action, arguing that the new trade measures establish protection at the border and allow the company to focus directly on domestic legal remedies.

Notably, First Solar does not manufacture TOPCon solar panels itself. The Arizona-headquartered company specializes exclusively in thin-film Cadmium Telluride (CdTe) semiconductor technology, a completely distinct photovoltaic platform that does not use silicon wafers. Instead, First Solar acquired its extensive TOPCon patent portfolio through its 2013 purchase of TetraSun, leaving it holding key intellectual property over an N-type silicon technology widely used by its primary commercial rivals.

While the trade investigation is being dropped, First Solar confirmed it will continue pursuing active patent infringement lawsuits in U.S. District Court against several major solar manufacturers, including affiliates of Canadian Solar, JinkoSolar, Trina Solar, and T1 Energy. Those federal court cases had been stayed pending the outcome of the USITC process.

“The Trump Administration’s Section 232 action helps level the playing field at the border, and we are more determined than ever to enforce our IP rights and defend the rule of law here at home,” said Jason Dymbort, General Counsel at First Solar. “This is a procedural decision that clears the way for our pending suits to move forward and for additional suits we anticipate filing.”

Respondents named in the initial trade complaint pushed back against the merits of the withdrawn filing. In a statement addressing the withdrawal, domestic manufacturer T1 Energy welcomed the end of the USITC investigation.

“First Solar can attempt to spin the narrative, but the facts are straightforward,” said Russell Gold, spokesman for T1 Energy. “T1 Energy is the only American company that both owns patents to high efficiency TOPCon solar and currently manufactures TOPCon solar modules. We are pleased that First Solar voluntarily withdrew what we believe was a flawed Sec. 337 complaint that would have slowed needed energy production at a time when the United States needs all the affordable electricity we can produce.”

First Solar’s TOPCon patent portfolio includes issued patents covering cell architectures across the U.S., Canada, China, Europe, and Asia extending through 2030 and beyond. The withdrawal of the USITC trade complaint allows stayed district court litigation to resume, setting up the next phase of the industry-wide patent dispute over high-efficiency TOPCon manufacturing.