Story updated Oct. 9 to include Runergy’s actions.
Trina Solar filed a complaint with the U.S. International Trade Commission (ITC) on Sept. 30 to prevent Runergy and Adani Green Energy from “improperly importing and selling products that infringe two Trina patents relating to TOPCon solar cell technology.” Trina is requesting an investigation under Section 337 of the Tariff Act of 1930, which would direct Customs and Border Protection to stop infringing imports from entering the United States.
“Protecting the integrity of Trina’s TOPCon technology is critical,” said Steven Zhu, president of Trinasolar US. “We are committed to defending our innovations and will take decisive action against any infringement on our intellectual property.”
The U.S. patents that Trina says Adani and Runergy are infringing on are U.S. Patent Nos. 9,722,104 and 10,230,009. Trina first initiated a patent infringement lawsuit against Runergy earlier this year involving those same two patents. Trina is now requesting the ITC bar the import of infringing TOPCon products into the United States.
“We are proud of our extensive patent portfolio and invite collaboration with U.S. partners who adhere to proper protocols for utilizing our patented technology,” said Zhu. “Our technological innovations and intellectual property, along with Trina’s fully compliant supply chain, are crucial for driving the success of solar manufacturing in the U.S.”
Trina says in its complaint to the ITC that it is investing in specialized manufacturing lines at its under-construction module assembly plant in Texas that will only accept its patented TOPCon solar cells. Runergy’s alleged use of Trina’s technology in its lines in Alabama and China, and Adani’s alleged use in India, and their import into the United States puts Trina’s domestic manufacturing at a disadvantage, the company states. Trina is able to request a Section 337 investigation because it is now a participant in the domestic manufacturing market.
Oct. 9 update:
Runergy said that it initiated actions at the U.S. Patent and Trademark Office on Oct. 8 to “cancel” the two patents and deem them “unpatentable.” Runergy said that the two patents did not result from Trina’s own work but instead were purchased by Trina in 2024. The Fraunhofer Institute for Solar Energy Systems had already published details of TOPCon solar cells in 2013, and the two patents Trina acquired were filed a year after Fraunhofer’s publication, Runergy said.
“They thus could not be patentable for attempting to cover TOPCon solar cell with only obvious variations already known in the prior art,” Runergy said in a statement. “Runergy has invested heavily in innovation, research and development. Through this extensive research, Runergy has developed its own, unique TOPCon solar cell manufacturing process; one that does not practice the patents that Trina Solar is asserting in the ITC and District Court actions.”
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