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The largest solar manufacturer in the United States is altering its legal strategy against alleged patent infringements in light of the Trump Administration’s recent actions against foreign polysilicon imports.
First Solar announced a “recalibration” of its intellectual property (IP) enforcement strategy, and said it will 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. Section 337 of the Tariff Act of 1930 is meant to help prevent intellectual property theft in imported goods.
With the Section 337 complaint thrown out, First Solar is moving ahead with its existing Tunnel Oxide Passivated Contact (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. First Solar 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 instituting a new 15% tariff (effective December 4, 2026) on imports of polysilicon and its derivatives under Section 232 of the Trade Expansion Act, a move aimed at loosening China’s grip on the 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.”
While First Solar is known for its thin-film (CdTe) panels, this legal drama centers on the company’s patent for TOPCon technology. First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun. 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. While not its primary focus, First Solar licenses its TOPCon patents to other companies like Talon PV.
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. Later that year, the company confirmed it was pursuing patent infringement claims against JinkoSolar, Canadian Solar, JA Solar, LONGi, and Trina Solar.
If successful, the lawsuits may provide First Solar with benefits the USITC couldn’t. USITC can issue exclusion orders to prevent infringing products from crossing the border, or cease and desist orders to stop importers from distributing the infringing products. However, the Trade Commission cannot award monetary damages for these infringements – something a US District Court can do.
Now that the Section 337 investigation is over, First Solar is putting all of its legal weight in the U.S. District Court system.
First Solar operates the largest solar technology manufacturing and research and development (R&D) footprint in the Western Hemisphere with five operational manufacturing facilities in Alabama, Louisiana, and Ohio, and a sixth plant under construction in South Carolina, the first phase of which is expected to begin operations in the second half of 2026.

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