PVTIME – First Solar Inc. has filed a formal complaint with the US International Trade Commission (ITC), alleging that a global roster of crystalline silicon module manufacturers has infringed its proprietary TOPCon solar technology patents on a widespread scale. Submitted on 24 February 2026 under Section 337 of the 1930 US Tariff Act (19 U.S.C. 1337) and referenced under ITC Docket No. 3887, the filing accuses the respondents of engaging in unfair trade practices relating to the importation and sale of TOPCon solar cells, modules, panels, and associated components in the US market.
In an official notice released by the ITC on 25 February 2026, a total of 47 affiliated entities from across the globe were named as respondents in this TOPCon patent infringement case. The entities fall into 10 core corporate groups and include Axitec, Canadian Solar, JA Solar, JinkoSolar, Mundra/Adani, Philadelphia Solar, Hanwha Q CELLS, Runergy, Trina Solar/T1 Energy and VSUN/Toyo. They have subsidiaries and regional operations in the US, China, Germany, Canada, India, Vietnam, Malaysia, Jordan, Japan and Thailand.
These include AXITEC LLC (PA), AXITEC Energy GmbH & Co. KG (Germany), AXITEC SOLAR LLC (Delaware), Canadian Solar Inc. (Canada), its subsidiaries CSI Solar Co. Ltd. (China) and Canadian Solar (USA) Inc. , Canadian Solar Manufacturing (Thailand) Co. Ltd., JA Solar Technology Co. Ltd. (China) and its US and Vietnamese subsidiaries, JinkoSolar Holding Co. Ltd. (China) and its regional arms across the US, Vietnam and Malaysia, Mundra Solar PV Limited, Mundra Solar Energy Ltd. and Adani Green Energy Ltd. (India), and Philadelphia Solar LLC (Jordan) and Philadelphia Solar USA Inc. (CA); Hanwha Q CELLS’ US subsidiaries and Hanwha Solutions Corporation (South Korea); Jiangsu Runergy New Energy Technology Co. Ltd. (China) and its US and Thai subsidiaries; and Trina Solar Co. Ltd. (China) and its US and Vietnamese operations. (TX), T1 G1 Dallas Solar Module LLC (TX), Vietnam Sunergy Joint Stock Company (Vietnam) and VSUN Solar USA Inc. (CA); and Toyo Co., Ltd. (Japan), through its subsidiary Toyo Solar Texas LLC (TX).
First Solar holds US Patent No. US9130074B2, which is a key patent for the production process of TOPCon silicon solar modules. This patent was originally developed by Tetrasun and was subsequently acquired by First Solar. This patent is a core technical standard for TOPCon cell production and creates a significant barrier for market participants looking to circumvent its protections. This follows the US Patent and Trademark Office’s decision in late 2025 to decline a review of allegations brought against First Solar by JinkoSolar, Mundra, and Canadian Solar. The company has also licensed its TOPCon patent portfolio to US solar cell start-up Talon PV. Talon PV is currently developing a battery manufacturing facility near Houston, which is set to supply M10 and G12 TOPCon cells to US module assemblers in 2027. This will establish a domestic supply chain for the technology.
In its official submission to the ITC, First Solar requested the issuance of a general exclusion order to prohibit all infringing TOPCon products from entering the US market. Alternatively, the company is seeking a limited exclusion order and cease-and-desist orders against the named respondents. It is also seeking the imposition of a bond on the alleged infringing articles during the 60-day presidential review period defined under 19 U.S.C. § 1337(j). The ITC has now opened a public consultation on the complaint and is inviting submissions on the implications for the public interest from respondents, interested parties, government agencies, and the general public. These submissions must be received by the close of business eight calendar days after the publication of the notice in the Federal Register on 2 March 2026. All submissions must be filed electronically via the ITC’s Electronic Document Information System (EDIS) and limited to five pages, including attachments.
The dispute is part of a wider intellectual property landscape surrounding TOPCon solar technology, with most global manufacturers involved in related legal proceedings. This has reshaped the US domestic solar manufacturing sector, with the country’s few battery producers choosing to stick with PERC cell designs to avoid IP disputes. The outcome of the ITC investigation will have significant implications for the US solar industry, as prolonged and unresolved legal action could further erode the nation’s competitive position in the manufacture of advanced n-type solar modules relative to global competitors, including those in China.
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