Runergy asks US authorities to ‘cancel’ two Trina Solar TOPCon patent claims

October 10, 2024
Facebook
Twitter
LinkedIn
Reddit
Email
Runergy claimed that ‘the two challenged patents did not result from Trina Solar’s own work’. Image: Runergy.

Chinese solar manufacturer Runergy has petitioned the US Patent and Trademark Office (PTO) to cancel two patent infringement complaints filed by its competitor Trina Solar relating to solar cells imported and sold by Runergy and Indian firm Adani Green Energy.

Trina filed the patent infringement claims with the US International Trade Commission (ITC) last week. They relate to the tunnel oxide passivated contact (TOPCon) solar cells used in Runergy and Adani’s products sold in the US and the manufacturing processes for those cells.

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

PV Tech heard that patent holders often favour launching appeals with the ITC when dealing with defendants based outside the US as it tends to more faster than federal courts.

In a statement, Runergy claimed that: “The two challenged patents did not result from Trina Solar’s own work but were only purchased by Trina Solar from others in February 2024” and are therefore “unpatentable”.

It continued: “As early as 2013, [the German research institute] Fraunhofer Institute for Solar Energy had already published and described the making of TOPCon solar cells, following teachings published even earlier in the 1980s. The two Trina Solar acquired patents were not filed until more than a year after the Fraunhofer Institute 2013 publication.”

Runergy said that the patents that Trina Solar allegedly purchased after 2013 contained “only obvious variations already known in the prior art [of manufacturing cells].

“Runergy has invested heavily in innovation, research, and development,” the company continued. “Through this extensive research, Runergy has developed its own unique TOPCon solar cell manufacturing process; one that does not practice the patents that Trina Solar is asserting in the ITC and District Court actions.”

TOPCon patent spats

Both Trina Solar and Runergy are in the process of establishing US solar manufacturing capacity, and this challenge is the latest in a spate of TOPCon patent infringement cases, which have peppered the solar industry since the technology emerged into the mainstream of GW-scale manufacturing.

In August, JA Solar filed a TOPCon technology patent case with the Unified Patent Court (UPC) against an undisclosed competitor. The UPC is a supranational court covering 18 EU member states.

Singapore-headquartered solar manufacturer Maxeon has also filed a number of TOPCon patents in the US, most recently against Qcells, Canadian Solar and REC Solar. Maxeon’s CEO, Bill Mulligan, spoke to PV Tech Premium earlier this year where he claimed that SunPower, the company from which Maxeon spun out, was “the first to invent” TOPCon technology.

Last month, the Nasdaq stock exchange moved to delist Maxeon following consistently low stock prices.

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

January 2, 2026
Canadian Solar has appointed Colin Parkin to its presidency to replace Dr Shawn Qu, who will remain as the company’s chairman and CEO.
January 2, 2026
PV Tech spoke to Vihann Kong of Ampion about its work in 2025 and positive state-level legislation the sector can expect to see in 2026.
December 31, 2025
The government of Bahrain has laid the foundation stone for a 100MW solar power plant in the Al Dur area of the Southern Governorate. 
December 31, 2025
As the year comes to an end, we bring you a recap of the most-read stories throughout 2025, with the US taking most of the spotlight.
December 31, 2025
Premier Energies and Waaree have both won module supply orders, while KP Group has signed a MoU with the Government of Botswana. 
December 31, 2025
T1 Energy has completed its first sale of Section 45X production tax credits (PTCs) in a deal valued at US$160 million.

Upcoming Events

Solar Media Events
February 3, 2026
London, UK
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
November 24, 2026
Warsaw, Poland