Thin-film cadmium telluride (CdTe) solar manufacturer First Solar has filed a patent lawsuit against Chinese solar PV manufacturer JA and some of its subsidiaries, as well as American Panel Solutions (AMPS), a wholly-owned subsidiary of US-based PV manufacturer Corning.
The lawsuit was filed in the US District Court for the District of Delaware against JA Solar Technology, JA Solar International, JA Solar Vietnam and JA Solar Industrial, along with AMPS.
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According to First Solar, the companies have allegedly infringed on US Patent No. 9,130,074, which covers methods of manufacturing tunnel oxide passivated contact (TOPCon) crystalline silicon (c-Si) PV solar cells.
This is the latest TOPCon patent lawsuit filed by First Solar against a solar PV manufacturer. The company has previously filed lawsuits against Jinko, Canadian Solar, T1 Energy and Trina Solar. First Solar started investigating major rivals back in 2024 regarding alleged IP infringements and has since filed several patent lawsuits and a complaint with the US International Trade Commission (ITC). Last month, First Solar announced plans to voluntarily withdraw the Section 337 complaint with the US ITC, while continuing to pursue its existing TOPCon patent lawsuits in the US District Court.
PV Tech reached out to JA and Corning regarding the alleged patent infringement. Last year, Corning acquired JA’s US 2GW module assembly plant in Arizona, which then became an asset of AMPS.
“We have been clear that we will actively defend our intellectual property rights in the US and internationally,” said Jason Dymbort, executive vice president, general counsel and secretary, First Solar. “This lawsuit is an effort to hold JA Solar and AMPS accountable for their unauthorised use of First Solar’s patented technology and reinforces the need for TOPCon manufacturers operating in the United States to respect the well-defined framework of intellectual property law.”
First Solar acquired the US TOPCon patents and related international counterparts when it acquired TetraSun in 2013. The portfolio includes issued patents in several countries, including the US, Australia, Canada, China and the European Union, among others, with validities extending to 2030 and beyond.
