First Solar Shifts TOPCon Patent Legal Strategy

First Solar announced on 16 September 2026 that it will recalibrate its intellectual property enforcement strategy. The company intends to voluntarily withdraw its Section 337 complaint and move to terminate the pending investigation before the US International Trade Commission without prejudice.

The company plans to resume and pursue its existing TOPCon patent lawsuits in US District Court. These cases involve affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar, which were paused during the trade commission investigation. First Solar will also restart efforts to enforce its global TOPCon patent portfolio against other manufacturers.

The procedural shift follows federal trade action under Section 232 concerning imports of polysilicon and derivatives. Jason Dymbort, general counsel of First Solar, said the trade measures help level the playing field at the border and that this procedural decision clears the way for pending and future lawsuits against patent infringers.

First Solar acquired its TOPCon patents via its 2013 purchase of TetraSun, holding protections across jurisdictions including the United States, China, and the European Union valid beyond 2030. The company operates five manufacturing sites in Alabama, Louisiana, and Ohio, with a sixth under construction in South Carolina. By the end of 2026, First Solar expects total investment in US manufacturing and research to exceed $5 billion since 2019, targeting roughly 17 gigawatts of domestic module capacity by 2027.