U.S. solar panel manufacturer First Solar, Inc. has filed a patent infringement lawsuit in the U.S. District Court for the District of Delaware against Chinese solar manufacturer JA Solar Technology Co., Ltd. and U.S.-based distributor American Panel Solutions, LLC (AMPS).
The complaint alleges that JA Solar, including four of its affiliates, and AMPS infringed on U.S. Patent No. 9,130,074, which covers manufacturing methods for tunnel oxide passivated contact (TOPCon) crystalline silicon solar cells. AMPS operates as a wholly owned subsidiary of U.S. glass and materials giant Corning, which acquired a 2 GW module assembly plant in Arizona previously tied to JA Solar.
The Delaware court filing follows First Solar’s recent strategic pivot away from broad Section 337 proceedings at the U.S. International Trade Commission (USITC) in favor of direct district court litigation.
By targeting both primary cell producers and domestic distribution partners, First Solar is seeking monetary damages alongside permanent injunctive relief to halt the import, assembly, and sale of the disputed TOPCon modules in the U.S.
First Solar acquired the TOPCon patent portfolio in 2013 through its acquisition of TetraSun. The underlying intellectual property covers fundamental oxide passivating layer structures engineered to reduce carrier recombination and boost module conversion efficiency. As TOPCon technology rapidly replaces passivated emitter and rear cell (PERC) architectures across global supply chains, First Solar has stepped up enforcement of its patent portfolio, which holds active protection through 2030 and beyond.
According to First Solar general counsel Jason Dymbort, the lawsuit aims to hold both JA Solar and AMPS accountable for unauthorized commercial use of the technology while reinforcing the need for crystalline silicon manufacturers operating in the U.S. to respect domestic intellectual property frameworks.
The lawsuit against JA Solar and AMPS is the latest in a series of legal actions brought by First Solar against tier-one crystalline silicon module makers. The manufacturer previously launched patent enforcement cases and investigations targeting JinkoSolar, Canadian Solar, Trina Solar, and T1 Energy.
Neither JA Solar nor representatives for Corning and AMPS immediately issued formal responses to the Delaware docket. Parallel federal patent proceedings brought by First Solar against other major international cell suppliers remain pending.
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