First Solar recalibrates IP strategy and withdraws USITC complaint

First Solar, Inc. has announced a recalibration of its intellectual property enforcement strategy, which includes the voluntary withdrawal of its Section 337 complaint currently pending before the US International Trade Commission (USITC). The company intends to terminate the investigation without prejudice, allowing for the possibility of refiling at a later date.

Despite withdrawing the USITC complaint, First Solar will continue to pursue its existing TOPCon patent lawsuits in US District Court. These ongoing cases involve affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar, which had been stayed pending the outcome of the Section 337 investigation. The company also plans to maintain its efforts to enforce its global patent portfolio against other manufacturers believed to be infringing on its TOPCon technology.

The decision follows the Trump Administration’s recent national security action under Section 232 of the Trade Expansion Act, which imposes tariffs on polysilicon and its derivatives to reduce reliance on Chinese supply chains. First Solar’s general counsel, Jason Dymbort, stated that the Section 232 action helps level the playing field and that the company remains determined to defend its intellectual property rights and the rule of law.