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 2028 and beyond.
13 October 2026
San Francisco Bay Area, USA
PV Tech has been running an annual PV CellTech Conference since 2016. PV CellTech USA, on 13-14 October 2026 is our third PV CellTech conference dedicated to the U.S. manufacturing sector. The events in 2023, 2024 and 2025 were a sell out success and 2026 will once again gather the key stakeholders from PV manufacturing, equipment/materials, policy-making and strategy, capital equipment investment and all interested downstream channels and third-party entities. The goal is simple: to map out PV manufacturing in the U.S. out to 2030 and beyond.

Read Next

March 13, 2026
Elsewedy Electric has completed and handed over the 348.6MWp El Saad solar plant, which has now officially entered its operations and maintenance phase.
Premium
March 13, 2026
PV Talk: According to kWh Analytics' Jason Kaminsky, 'there’s more capital available for risk and risk exposure' in the present investment environment.
March 13, 2026
US-based tracker manufacturer FTC Solar has signed a 1GW solar tracker supply agreement with solar and storage developer Strata Clean Energy.
March 13, 2026
Scatec, in partnership with Aeolus SAS (Aeolus) have achieved commercial operations for the 60MW Sidi Bouzid solar plant in Tunisia.
March 13, 2026
Current solar PV module price increases are largely dictated by five major components, according to data from Intertek CEA
March 13, 2026
Impacted by the "One Big Beautiful Bill Act", a Chinese PV company with a US factory has opted to exit the local market by selling its US subsidiary.

Upcoming Events

Solar Media Events
March 24, 2026
Dallas, Texas
Solar Media Events
April 15, 2026
Milan, Italy
Solar Media Events
June 16, 2026
Napa, USA
Solar Media Events
October 13, 2026
San Francisco Bay Area, USA
Solar Media Events
November 3, 2026
Málaga, Spain