First Solar Recalibrates TOPCon IP Enforcement Strategy Following Section 232 Action

First Solar, Inc. (Nasdaq: FSLR) ("First Solar" or "the Company") today announced a recalibration of its intellectual property (IP) enforcement strategy and its intent to voluntarily withdraw its Section 337 complaint and move to terminate the investigation currently pending before the US International Trade Commission (USITC) without prejudice to refiling at a later date. The Company will continue pursuing its existing TOPCon patent lawsuits in US District Court, including cases against affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar, which were stayed pending the results of the Section 337 investigation. The Company also intends to continue its efforts to enforce its global patent portfolio against other manufacturers it believes infringe on its TOPCon patent portfolio, a process it paused following its Section 337 complaint.

The decision follows the Trump Administration’s recent national security action on imports of polysilicon and its derivatives under Section 232 of the Trade Expansion Act, a move aimed at loosening China's grip on a critical supply chain.

“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.”

Dymbort added, "We appreciate the Commission's consideration of our complaint and the professionalism and diligence its staff has brought to this investigation."

First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun, Inc. The patents include issued patents in the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam with validities extending to 2030 and beyond. The portfolio also includes pending patent applications in the European Union, Japan, Hong Kong, United Arab Emirates, and Vietnam. In July 2024, First Solar announced its intention to license and enforce the TOPCon technology patent portfolio and the launch of infringement investigations against several leading crystalline silicon solar cell manufacturers.

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