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First Solar Drops Section 337 TOPCon Complaint, Keeps District Court Suits
First Solar said it will voluntarily withdraw its Section 337 complaint and move to terminate the pending US International Trade Commission investigation without prejudice to refiling, recalibrating its TOPCon intellectual property enforcement strategy. The company will continue pursuing its existing TOPCon patent lawsuits in US District Court against affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar, which had been stayed pending the Section 337 investigation, and it intends to resume enforcing its global patent portfolio against other manufacturers. First Solar said the decision follows the Trump Administration's national security action on imports of polysilicon and its derivatives under Section 232 of the Trade Expansion Act. General counsel Jason Dymbort called the move a procedural decision that clears the way for pending suits and additional suits the company anticipates filing. First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun, Inc., with validities extending to 2030 and beyond.
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FSLR · Regulation · Neutral First Solar voluntarily withdraws its Section 337 ITC complaint but continues district court TOPCon patent suits, a procedural recalibration of its IP enforcement.
JKS · Regulation · Negative First Solar continues pursuing TOPCon patent lawsuits against Jinko Solar affiliates in US District Court.
688223.CG · Regulation · Negative JinkoSolar affiliates remain targets of First Solar's TOPCon patent litigation in US District Court.
688599.CG · Regulation · Negative Trina Solar remains a defendant in First Solar's continuing TOPCon patent lawsuits in US District Court.
TE · Regulation · Negative T1 Energy remains a defendant in First Solar's ongoing TOPCon patent lawsuits in US District Court.