First Solar Withdraws ITC Complaint but Continues Patent Lawsuits

First Solar voluntarily withdrew its Section 337 complaint with the United States International Trade Commission regarding alleged tunnel oxide passivated contact (TOPCon) intellectual property violations. The company terminated the investigation without prejudice following the imposition of Section 232 tariffs on polysilicon and its derivatives.

While exiting the ITC process, the company will proceed with existing US District Court lawsuits against Jinko, Canadian Solar, T1 Energy, and Trina Solar. These legal actions had been stayed pending the results of the ITC investigation. First Solar also intends to resume enforcing its global patent portfolio against other alleged infringers.

First Solar acquired the TOPCon patents in 2013 through the acquisition of TetraSun. The validity of these patents extends to 2030 and beyond.