On its Q3 earnings call, US-based First Solar informed analysts that it has issued letters through its attorneys to several major solar manufacturers, asserting that its patents may be subject to infringement.
First Solar’s CEO, Mark Widmar, said:
“With regard to intellectual property, we have recently sent notification letters to Tier 1 solar manufacturers that we believe are infringing on First Solar’s TOPCon patent portfolio.”
The letters were reportedly sent to global solar panel producers Longi, Trina Solar, Jinko Solar, JA Solar, and Canadian Solar. Intellectual property disputes among leading solar manufacturers have recently focused on TOPCon solar cell technology, which is central to many of these claims.
Following initial investigations, First Solar stated that it believes its patents are valid and enforceable and that some competitors may use its TOPCon technology without a license.
In its notification, First Solar raised concerns that manufacturers of crystalline silicon products might face “IP-based uncertainty” if they produce and sell TOPCon solar products without a license.
Widmar noted that this could have implications for project developers, owners, and financial stakeholders, including debt and tax equity providers, who may need to consider the risks associated with potentially infringing products.
Widmar also pointed out that the evolving IP landscape around TOPCon highlights First Solar’s unique approach with its proprietary cadmium telluride (CdTe) technology. He concluded:
“We believe the current intellectual property landscape…underscores one of First Solar’s key competitive differentiators…in contrast to the highly commoditised crystalline silicon modules.”
Background
Xtra initially reported in July that First Solar had flagged its ownership of the patents and had begun investigating patent infringement.
The patents were gained through the company’s acquisition of TetraSun and its intellectual property portfolio in 2013.
This portfolio includes patents and applications across regions including the United States, Europe, China, and Australia, with terms extending through 2030.
On July 19th, Jason Dymbort, Executive Vice President, General Counsel, and Secretary of First Solar, said: “If infringement is discovered, we intend to challenge the ability of potential infringers to legally manufacture, assemble, and sell infringing TOPCon technology by pursuing enforcement, licensing, and/or other measures to safeguard our rights.”
