First Solar ends Sec. 337 investigation into competitors allegedly infringing on TOPCon patent

First Solar announced it has voluntarily withdrew its Sec. 337 complaint and will terminate the U.S. International Trade Commission (ITC) investigation into competitors allegedly infringing on First Solar’s TOPCon solar panel patent. The company said that the government’s Sec. 232 tariffs on polysilicon derivatives should help to “loose[n] China’s grip on a critical supply chain.”

First Solar, a cadmium-telluride (CdTe) thin-film solar panel manufacturer, came to own one silicon TOPCon patent — U.S. Patent No. 9,130,074 — after acquiring a silicon technology company in 2013. First Solar is licensing the TOPCon technology to Houston-based cell startup Talon PV, and First Solar has been moving to protect its technology in U.S. courts. Despite terminating the Sec. 337 complaint, the company will continue to pursue its existing TOPCon patent lawsuits against Canadian Solar, Jinko Solar, T1 Energy and Trina Solar.

A Sec. 337 of the Tariff Act violation declares that the infringement of certain patents leads to unfair competition in import trade. First Solar filed the investigation request in February against AMPS (JA/Corning), Axitec, Canadian Solar, Jinko Solar, Mundra (Adani), Philadelphia Solar, Qcells, Runergy, Trina Solar (including T1 Energy) and VSUN (Toyo). Mundra was later removed from the complaint for not selling TOPCon panels into the United States, and more companies requested to intervene: BYD, Imperial Star and Tesla.

First Solar has spent the last year calling out these companies and exporters across the globe. Before termination, First Solar had requested help contacting companies in Djibouti, Ghana, Kenya, Uzbekistan and more countries not typically associated with major solar panel exports.

“The Trump Administration’s Sec. 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 for 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, and we will continue to pursue any bad actors that infringe our patents.”

A spokesperson for Texas-based solar panel manufacturer T1 Energy released a statement:

“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. We are focused on manufacturing solar modules and will vigorously defend ourself against all remaining claims.”

Steven Chan, general manager of JinkoSolar (U.S.), released a statement to Solar Power World:

“JinkoSolar stands firmly behind its products and proprietary technology and has consistently operated with the highest standards of integrity as a responsible and trusted player in the global solar industry. We remain confident in our continued ability to provide the U.S. market with high-quality, industry-leading solar modules. Our commitment to our U.S. customers and continued innovation is stronger than ever. We are pleased that this development allows us to continue serving the U.S. market and our customers without interruption, delivering the advanced, high-quality solar solutions they rely on.”