First Photo voltaic has filed a Sec. 337 investigation request with the U.S. Worldwide Commerce Fee (ITC) on a swath of crystalline silicon panel opponents for allegedly infringing on First Photo voltaic’s TOPCon patents. A Sec. 337 of the Tariff Act violation declares that the infringement of sure patents results in unfair competitors in import commerce.
Canadian Photo voltaic TOPCon module
First Photo voltaic filed the investigation request final week in opposition to Axitec, Canadian Photo voltaic, JA Photo voltaic, Jinko Photo voltaic, Mundra (Adani), Philadelphia Photo voltaic, Qcells, Runergy, Trina Photo voltaic (together with T1 Power) and VSUN (Toyo). First Photo voltaic, a cadmium-telluride (CdTe) thin-film photo voltaic panel producer, holds one silicon photo voltaic panel patent involving tunnel oxide passivated contact (TOPCon) know-how — U.S. Patent No. 9,130,074.
Towards the tip of 2025, the U.S. Patent and Trademark Workplace validated First Solar’s TOPCon patent after Jinko, Mundra and Canadian Photo voltaic tried to assert the designs have been unpatentable.
First Photo voltaic has gone by with the Sec. 337 investigation request based mostly on its licensing of the TOPCon patent to solar cell startup Talon PV. Talon is establishing a cell manufacturing operation exterior of Houston and expects to start supplying U.S. photo voltaic panel assemblers with M10 and G12 TOPCon cells someday subsequent 12 months. Thus with a home business established, First Photo voltaic can ask the U.S. authorities to evaluate TOPCon imports for patent infringement.
First Photo voltaic has requested the ITC for a normal exclusion order for any TOPCon photo voltaic cells coming into the US which were manufactured utilizing First Photo voltaic’s patent — which would come with any photo voltaic panel made with the cells.
There’s been a whole lot of back-and-forth within the business relating to TOPCon solar patents, with most producers concerned in lawsuits not directly. It’s already altering the home manufacturing panorama, with the nation’s solely cell producers sticking with PERC designs to keep away from the IP mess. Who has the proper to supply superior n-type photo voltaic panel designs in the US means extra than simply figuring out possession of a novel know-how. Drawn-out authorized fights may set the US even additional behind China in photo voltaic panel manufacturing capability.
Trina Photo voltaic filed its personal Sec. 337 request involving TOPCon patents in opposition to Runergy, Mundra/Adani and Canadian Photo voltaic in 2024. In February 2026, the investigation was terminated entirely, by request of Trina.
One other Sec. 337 investigation ongoing within the photo voltaic business is Shoals’ submitting in opposition to Voltage. The ITC issued an initial determination that Voltage cable administration merchandise did infringe upon Shoals patents. A remaining determination on the matter is scheduled for June 2026.
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