First Solar Withdraws ITC Patent Case, Pursues Federal Patent Suits

US solar panel maker First Solar Inc. said that  it will withdraw its patent infringement complaint before the US International Trade Commission (ITC) and instead focus on patent lawsuits in federal court against rival solar manufacturers.

As per reports, the Phoenix-based company said that it plans to withdraw its Section 337 complaint and seek termination of the ITC investigation without prejudice, leaving open the possibility of refiling the case later. First Solar will continue pursuing patent lawsuits against affiliates of Canadian Solar, Jinko Solar, T1 Energy and Trina Solar. The federal cases had been paused pending the ITC proceeding.

The dispute involves patents covering TOPCon, or tunnel oxide passivated contact, a high-efficiency crystalline silicon solar cell technology that has become one of the dominant technologies in the solar industry.

First Solar does not manufacture silicon-based products such as TOPCon modules. The company produces cadmium telluride solar panels but acquired the TOPCon patents through its 2013 purchase of TetraSun. It began investigating potential infringement by major solar manufacturers in 2024.

First Solar said  that its decision to withdraw the ITC complaint followed the Trump administration's recent proclamation imposing trade measures on imports of polysilicon and related solar products.

T1 Energy said that  it would defend itself against any remaining claims. Its spokesperson Russell Gold said  that the company was pleased that First Solar had withdrawn what T1 Energy believes was a flawed Section 337 complaint..