First Solar plans to withdraw its USITC complaint while retaining the option to refile it later
Its existing TOPCon patent lawsuits against four solar manufacturers will continue in US District Court
The company is also restarting efforts to enforce its TOPCon patents against other manufacturers globally
Leading US-headquartered cadmium telluride (CdTe) solar PV manufacturer First Solar has announced it intends to withdraw its Section 337 complaint pending before the US International Trade Commission (USITC). It, however, retains the option to refile the complaint at a later date.
First Solar said it is revising its US strategy for enforcing its TOPCon technology patents following a recent Section 232 US action on imports of polysilicon and its derivatives. It will move to terminate the investigation ‘without prejudice to refiling at a later date’.
It will continue pursuing its existing TOPCon patent lawsuits in US District Court against affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar. The cases had been stayed while the Section 337 investigation was underway.
The company also plans to resume efforts to enforce its global patent portfolio against other manufacturers it believes are infringing its TOPCon patents. First Solar had paused these efforts after filing its Section 337 complaint.
The USITC had launched the Section 337 investigation into imports of certain TOPCon solar cells, modules, and related products in March 2026 following a complaint by First Solar. The latter had alleged that certain imported products sold in the US infringe on its patents related to TOPCon technology and sought a cease-and-desist order. The list of respondents totaled 47 names (see First Solar Complaint Prompts USITC Section 337 Probe).
In August 2026, US President Donald Trump signed a proclamation imposing a 15% tariff on imported polysilicon derivatives and introducing a minimum import price (MIP) from December 4, 2026 (see US Announces 15% Tariff On Imported Polysilicon Under Section 232).
“The Trump Administration's Section 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, 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,” added Dymbort.
First Solar holds TOPCon patents in several markets, acquired through its 2013 purchase of TetraSun. The company said some of these patents remain valid through 2030 and beyond.
The US manufacturer recently raised concerns about Tesla’s potential entry into solar PV manufacturing. Responding to an analyst question about Tesla’s plans during its Q1 2026 financial results, the company said potential TOPCon manufacturing in the US could infringe its intellectual property unless the technology is redesigned. Such a situation could result in litigation (see First Solar Reiterates FY2026 Outlook After Record Q1).
Tesla and SpaceX, led by Elon Musk, are planning to develop 100 GW of annual solar manufacturing capacity in the US (see Elon Musk Says SpaceX, Tesla Eye 100 GW/Year US Solar Manufacturing).
