USITC has announced the decision to start an investigation into Trinasolar’s TOPCon patent infringement allegations
It will conduct an inquiry into the illegal use of Trinasolar’s TOPCon patents by Runergy and Adani
A final determination in the matter is expected not before February 2026, says Runergy
The United States International Trade Commission (USITC) will institute an investigation into Trinasolar’s TOPCon patent infringement case against a number of entities under solar PV manufacturers Runergy of China and Adani of India.
The agency will determine if both these companies illegally infringe on Trinasolar’s TOPCon patents, thus violating Section 337 of the Tariff Act of 1930.
Trinasolar wants the USITC to issue a Limited Exclusion Order to bar the import and cease and desist orders for the sale and marketing of Runergy and Adani solar cells, modules, panels and components that infringe on its patents from being sold or marketed in the US.
The President of Trinasolar US Steven Zhu said, “Trina is pleased with the ITC’s decision to investigate the unauthorized use of our patented technology. Trina’s commitment to protecting our intellectual property remains firm and we look forward to an expeditious investigation by the ITC.”
Here’s a short recap of this patent war: in October 2024, Trinasolar approached the USITC to stop the import and sale of Runergy and Adani products that it claimed infringe on 2 of its TOPCon solar cell technology related patents. While Adani has not issued a public statement on the matter, Runergy hit back filing petitions with the United States Patent and Trademark Office (USPTO) to declare the 2 Trinasolar patents unpatentable.
Runergy has also said, “Runergy has substantial evidence indicating that these patents could not be patentable for attempting to cover TOPCon solar cells with only obvious variations already known in the prior art.”
The USITC is expected to make the final determination by February 2026, while the USPTO will announce its final decision in March 2026.
In addition, Trinasolar has also filed separate patent infringement suits relating to the TOPCon technology against Runergy in the District of Delaware and the Central District of California.
Interestingly, soon after filing these patent infringement cases, Trinasolar sold off its planned 5 GW solar module production plant in the US to battery manufacturer FREYR for $340 million. It will continue support in branding, intellectual property (IP), manufacturing, sales and after-sales services (see Amid ‘Geopolitical Risks’ Trinasolar Sells Off 5 GW US Solar Module Plant).
Trinasolar made the announcement to sell the 5 GW US plant on the same day as Donald Trump declared victory in the US Presidential Elections 2024. It said the FREYR transaction will reduce geopolitical risks for the company in the US.
Disputes related to the TOPCon patent continue to flourish across the globe with leading names in the industry staking claim to this new PV industry workhorse (see TOPCon Patent War Heating Up: Trinasolar & Canadian Solar New Additions).
Meanwhile, pressure on India’s Adani seems to be mounting in the US. The US Department of Justice has indicted the Indian conglomerate of promising more than $250 million in bribes to Indian government officials to secure solar energy contracts in India for which it sought to raise funds from US investors and global financial institutions.
Adani Group has vehemently denied the allegations, calling them ‘baseless’. The company says it will seek all possible legal recourse.