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First Solar Sues JA Solar and U.S. Assembler Over TOPCon Patent

The Delaware suit seeks damages and permanent injunctions to block accused TOPCon imports and sales in the United States.

Overview

  • First Solar, which filed the lawsuit on Oct. 1, sued JA Solar and American Panel Solutions in the U.S. District Court for the District of Delaware for alleged infringement of U.S. Patent No. 9,130,074.
  • The '074 patent covers methods for making TOPCon (tunnel oxide passivated contact) crystalline‑silicon solar cells, a fast‑growing cell design that replaces older PERC technology.
  • First Solar acquired the TOPCon portfolio through its 2013 purchase of TetraSun and says its patents and international counterparts remain valid through 2030 and beyond.
  • The complaint follows First Solar's recent withdrawal of a broad Section 337 trade petition at the U.S. International Trade Commission and marks a shift to district‑court patent enforcement.
  • The suit targets both foreign cell makers and a U.S. assembler tied to a Phoenix plant now owned by Corning, and First Solar is seeking remedies that, if granted, could halt import, assembly, and U.S. sales of the accused TOPCon modules.