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First Solar Sues JinkoSolar for TOPCon Patent Infringement

Writer's picture: Energy BoxEnergy Box


TEMPE, Ariz., February 25, 2025--(BUSINESS WIRE)--First Solar, Inc. (Nasdaq: FSLR) (“First Solar”) today announced the filing of a lawsuit against Shanghai-headquartered JinkoSolar and its related entities alleging infringement of First Solar’s US Patent No. 9,130,074 (the “‘074 Patent”). The ‘074 Patent covers methods of manufacturing Tunnel Oxide Passivated Contact (“TOPCon”) crystalline silicon (“c-Si”) photovoltaic (PV) solar cells. The lawsuit was filed in the United States District Court for the District of Delaware.


First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun, Inc. The patents include issued patents in the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam with validities extending to 2030 and beyond. The portfolio also includes pending patent applications in the European Union, Japan, Hong Kong, United Arab Emirates, and Vietnam. In July 2024, First Solar announced its ownership of the TOPCon technology patent portfolio and the launch of infringement investigations against several leading crystalline silicon solar cell manufacturers.


“We’ve been clear that we will actively defend our intellectual property rights in the US and internationally. Unfortunately, our interaction with JinkoSolar has been unproductive and left us with no choice but to enforce our patent rights through legal action,” said Jason Dymbort, Executive Vice President, General Counsel and Secretary, First Solar. “Given the responses we received from other solar cell manufacturers in connection with our infringement investigations, we believe we have a strong TOPCon technology patent portfolio. We expect that our lawsuit against JinkoSolar will reiterate the need for TOPCon solar cell manufacturers to operate within the well-defined framework of intellectual property law.”

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