US ITC opens TOPCon supply chain case over First Solar patents

March 27, 2026
Facebook
Twitter
LinkedIn
Reddit
Email
First Solar is seeking the ITC to issue general exclusion and cease and desist orders over its TOPCon patents. Image: First Solar

The US International Trade Commission (ITC) has begun an investigation into tunnel oxide passivated contact (TOPCon) solar products in the US, following a complaint by US thin-film module manufacturer First Solar.

The ITC will investigate “certain TOPCon solar cells, modules, panels, components thereof” entering the US as a result of a complaint from First Solar over its intellectual property (IP) rights.

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 investigation will determine whether TOPCon products imported, sold for importation or sold after importation to the US violate Section 337 of the 1930 Tariff Act and infringe on First Solar’s TOPCon IP. It specifically relates to US Patent No. 9,130,074, which is one of the patents First Solar acquired when it bought startup solar firm TetraSun in 2013.

The ITC named 47 respondents to the investigation from 11 countries, including major Chinese solar manufacturers JinkoSolar, JA Solar, Trina Solar and Canadian Solar, and significant US silicon-based players like Qcells and T1 Energy. It also encompasses firms in Germany, India, Southeast Asia and Canada.

First Solar is the leading producer of cadmium telluride (CdTe) thin-film modules, a competitor technology to silicon-based solar products. The company is the largest module manufacturer in the US.

This development could be a major hurdle for US TOPCon production. Through the case, First Solar is seeking the ITC to issue general exclusion and cease and desist orders over the use of the relevant TOPCon technology.

As opposed to other tariff cases, like antidumping and countervailing duties (AD/CVD), this investigation is looking at a specific patent and piece of technology, rather than the origin of components. This could have broader implications for TOPCon solar production and imports to the US and could reach beyond the specific respondents to cover any infringement of the specific patent.

US manufacturers have already been struggling to produce TOPCon products due to the broad swathe of IP conflicts over the technology. First Solar has already been involved here, having faced down three challenges to the validity of its TOPCon patents early this year. The company has licensed its TOPCon patents to Talon PV, a cell manufacturing startup in Texas, but has been active in protecting its portfolio against other perceived infringements.

Last year, we spoke with the CEO of US-based solar cell producer ES Foundry, Alex Zhu, who said that he believed no company could safely produce TOPCon in the US without incurring litigation challenges.

The ITC has said that respondents in this investigation must submit responses within 20 days of notice being issued. It warns that failure to do so could result in cease and desist or general exclusion orders being issued.

This case could put significant pressure on the development of TOPCon technology as the dominant choice in the global solar industry, particularly in the politically sensitive and, in recent years, volatile US market.

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

Premium
March 27, 2026
PV Tech spoke with Maximo on the use of robotic solar installation solution at AES' Bellefield utility-scale project and upcoming trends in PV robotics.
March 27, 2026
Two module production facilities in China have been awarded the first Supply Traceability Standard certifications by Europe’s Solar Stewardship Initiative (SSI).
March 27, 2026
Axpo will supply 83GWh of solar to McDonald’s under a 10-year PPA, while EDP adds 90MW with two Navarra PV plants.
March 27, 2026
New system-level modelling from the Australian Centre for Advanced Photovoltaics (ACAP) has revealed that achieving ultra-low-cost solar targets could create a 2,000GW-scale solar PV market in Australia.
March 26, 2026
French independent power producer Qair has signed a power purchase agreement with Brazilian LPG distributor Ultragaz for the Bom Jardim solar PV project.
March 26, 2026
More than 70% of global solar manufacturing facilities exhibited “major” or “critical” defects in 2025, according to a new report from Intertek CEA.

Upcoming Events

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
Solar Media Events
November 24, 2026
Warsaw, Poland