⚡ Quick Read
First Solar has initiated a significant legal challenge in the U.S. District Court for the District of Delaware, filing a patent infringement lawsuit against Chinese solar manufacturer JA Solar Technology Co., Ltd. and its U.S.-based distributor, American Panel Solutions, LLC (AMPS). This legal action centers on the unauthorized use of proprietary TOPCon solar cell patent technology, specifically U.S. Patent No. 9,130,074. The patent, originally acquired by First Solar via its 2013 purchase of TetraSun, covers critical manufacturing methods for tunnel oxide passivated contact (TOPCon) crystalline silicon solar cells, which are essential for reducing carrier recombination and enhancing module conversion efficiency.
The lawsuit targets JA Solar and its affiliates, alongside AMPS, which is a subsidiary of Corning. The dispute involves a 2 GW module assembly plant in Arizona that was previously linked to JA Solar. First Solar is seeking both monetary damages and permanent injunctive relief to prevent the import, assembly, and sale of the disputed TOPCon modules within the United States. This move marks a strategic shift for First Solar, which recently opted to withdraw its Section 337 complaints before the U.S. International Trade Commission (USITC) in favor of direct district court litigation. The company’s patent portfolio, which remains active through 2030, is being aggressively enforced as TOPCon architecture becomes the industry standard for high-efficiency modules.
For EPC contractors and solar developers, this litigation introduces a layer of supply chain uncertainty. As First Solar continues to target major tier-one crystalline silicon module manufacturers—including previous actions against JinkoSolar, Canadian Solar, Trina Solar, and T1 Energy—the risk of import delays or injunctions on popular TOPCon modules increases. Developers must carefully evaluate their procurement strategies and supplier contracts to mitigate potential risks associated with intellectual property disputes that could disrupt project timelines and module availability.
The legal proceedings in Delaware are expected to be protracted, with the industry watching closely to see if other manufacturers reach settlements or if the court imposes significant restrictions on module imports. This case underscores the intensifying competition within the India renewable energy sector, where the transition to high-efficiency TOPCon technology is accelerating. As global manufacturers vie for market share, the enforcement of intellectual property rights is becoming a defining factor in the stability and cost-structure of the international solar supply chain.
Aditya Pathre is the Founder of MVApulse and covers India’s renewable energy sector, including solar, wind, battery energy storage systems (BESS), green hydrogen, transmission infrastructure, renewable energy policy and competitive bidding. His reporting focuses on project developments, market trends, government policies and energy transition across India.
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