First Solar investigates major rivals for TOPCon patent infringement

November 4, 2024
Facebook
Twitter
LinkedIn
Reddit
Email
A First Solar manufacturing facility.
First Solar acquired its TOPCon patents when it bought TetraSun in 2013. Image: First Solar.

US-based cadmium telluride (CdTe) thin-film solar manufacturer First Solar is pursuing intellectual property infringement cases against five major Chinese solar manufacturers.

According to First Solar’s Q3 2024 earnings report, delivered last week, the cases are being pursued against JinkoSolar, Canadian Solar, JA Solar, LONGi and Trina Solar—collectively, five of the largest PV manufacturers in the world.  

This article requires Premium SubscriptionBasic (FREE) Subscription

Try Premium for just $1

  • Full premium access for the first month at only $1
  • Converts to an annual rate after 30 days unless cancelled
  • Cancel anytime during the trial period

Premium Benefits

  • Expert industry analysis and interviews
  • Digital access to PV Tech Power journal
  • Exclusive event discounts

Or get the full Premium subscription right away

Or continue reading this article for free

The cases relate to First Solar’s portfolio of tunnel oxide passivated contact (TOPCon) solar cell technology patents, which it acquired when it bought solar cell development firm TetraSun in 2013.

First Solar’s primary business produces CdTe thin-film modules, whereas TOPCon products are based on far more widespread crystalline silicon technology.

In the company’s earnings call last week, First Solar CEO Mark Widmar said the company had “begun to leverage” the portfolio “as part of our ongoing efforts to develop the next generation of PV technologies”.

Patent disputes between major solar manufacturers have become commonplace in recent months (premium access). Most recently, Trina Solar’s US business sued Canadian Solar over TOPCon imports to the US. The week prior, French manufacturing startup Carbon emerged as a third party in a TOPCon patent dispute between JA Solar and fellow Chinese manufacturer Astronergy.

According to Widmar’s comments, First Solar holds patents and patent applications in 13 jurisdictions, including the US and Malaysia (where it has manufacturing operations), China, Vietnam the UAE and the EU. He added that, whilst the company has no patents in India, “several jurisdictions where we do have patents are sourcing India-bound cell manufacturing and exports.”

First Solar first announced investigations into potential TOPCon patent infringements in July, though it did not name the companies in question.

Widmar continued: “We believe we will be able to assert our patent rights in these jurisdictions against manufacturers and exporters of infringing India-bound products. While a number of other market participants are claiming they too own TOPCon patents, it is important to note that as with any mature technology, it is not unusual that multiple key patents may be held by multiple unrelated parties.

“Without ownership or license covering every relevant patent used in the manufacturing process, a manufacturer does not have the freedom to produce and sell an otherwise infringing product.

“…we have recently begun sending letters to various solar manufacturers…providing notice to each recipient that they are using First Solar’s TOPCon patents without a license and reserving First Solar’s rights in their entirety.”

PV Tech has contacted the five companies and will update this article with any further comments.

Earnings call transcript from Motley Fool.

This article was amended to more accurately reflect First Solar’s position.

16 June 2026
Napa, USA
PV Tech has been running PV ModuleTech Conferences since 2017. PV ModuleTech USA, on 16-17 June 2026, will be our fifth PV ModulelTech conference dedicated to the U.S. utility scale solar sector. The event will gather the key stakeholders from solar developers, solar asset owners and investors, PV manufacturing, policy-making and and all interested downstream channels and third-party entities. The goal is simple: to map out the PV module supply channels to the U.S. out to 2027 and beyond.

Read Next

October 30, 2025
US microinverter producer Enphase Energy posted increased revenues, margin and income in Q3 2025, as it doubles down on its US manufacturing operations.
October 30, 2025
Nexamp has secured US$600 million in financing for distributed solar and energy storage projects in the US.
October 30, 2025
New Zealand’s Genesis Energy has announced plans to acquire and develop a 271MWp solar project in Waikato, on the country’s upper North Island. 
October 30, 2025
Meridian Energy, a New Zealand state-owned energy company, has begun the construction of its 230GWh Ruakaka solar plant. 
October 29, 2025
NextEra Energy Resources added 3GW of new renewable energy generation and storage capacity to its portfolio in the third quarter of 2025.
October 29, 2025
French firms TotalEnergies and EDF, with local partners, secured contracts for 400MW and 600MW solar projects in Saudi Arabia, supporting Vision 2030 renewable goals.

Subscribe to Newsletter

Upcoming Events

Upcoming Webinars
November 12, 2025
10am PST / 1pm EST
Solar Media Events
November 25, 2025
Warsaw, Poland
Solar Media Events
December 2, 2025
Málaga, Spain
Solar Media Events
February 3, 2026
London, UK
Solar Media Events
March 10, 2026
Frankfurt, Germany