First Solar Takes Legal Action Against JinkoSolar for Alleged TOPCon Patent Infringement

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First Solar has initiated a lawsuit against JinkoSolar in the U.S. District Court for the District of Delaware, alleging that the Chinese manufacturer has infringed upon U.S. Patent No. 9,130,074, which pertains to tunnel oxide passivated contact (TOPCon) solar technology.

In its statement, First Solar noted, “First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun, Inc.” The patents in question include issued patents across several regions, including the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam, with validity extending until 2030 and beyond. Additionally, the portfolio includes pending patent applications in the European Union, Japan, Hong Kong, the United Arab Emirates, and Vietnam.

In November 2024, First Solar sent warning letters through its attorneys to several major solar manufacturers, indicating their belief that these companies were violating their patents. The letters targeted notable solar panel producers, including Longi, Trina Solar, JinkoSolar, JA Solar, and Canadian Solar. Many leading manufacturers are currently involved in asserting patent-related claims against each other, particularly regarding TOPCon solar cell technology. First Solar’s warning letters asserted that the companies listed had been utilizing First Solar’s TOPCon patents without obtaining a license.

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