First Solar Withdraws TOPCon Trade Complaint at ITC, Keeps District Court Patent Suits Alive
First Solar has withdrawn its Section 337 complaint before the U.S. International Trade Commission (ITC) concerning patents tied to TOPCon solar technology, but is pressing ahead with related lawsuits in U.S. District Court, according to a Seeking Alpha report.
A Section 337 action is a trade-based proceeding at the ITC that can result in bans on imports of products found to infringe U.S. intellectual property. District court litigation, by contrast, seeks remedies such as damages rather than import restrictions. By dropping the ITC route while maintaining the court cases, the company appears to be narrowing the scope of its enforcement effort without abandoning its patent claims altogether.
TOPCon — short for tunnel oxide passivated contact — is a crystalline silicon cell architecture that has become widely adopted across the solar manufacturing industry. Disputes over TOPCon-related intellectual property have become a recurring theme as module makers compete on cell efficiency, a key driver of levelized cost of energy (LCOE), or the per-unit cost of generating electricity over a project’s lifetime.
First Solar, which manufactures thin-film photovoltaic modules rather than conventional crystalline silicon panels, holds a distinct technology position among major module producers. Its patent enforcement activities nonetheless intersect with the broader crystalline silicon supply chain, where TOPCon has become the dominant next-generation platform.
Market reaction on the day of the news was negative. Shares of First Solar closed at $203.10, down 4.85% from the prior close of $213.45, valuing the company at roughly $23.1 billion. The stock trades in the technology sector’s solar industry group.
The outcome of the remaining district court cases could have implications for module suppliers using TOPCon designs, though the timeline for any rulings remains open. Patent disputes in solar technology have historically stretched over multiple years, with settlements or licensing agreements a common resolution path.
What to watch
- Procedural filings and scheduling orders in the pending U.S. District Court lawsuits
- Any motions, settlements, or licensing arrangements disclosed by the parties
- First Solar’s next quarterly earnings report and updated guidance
- Additional ITC or patent actions involving TOPCon technology across the solar industry
Source: original release
