AnswersPublished21 sources
First Solar Withdraws ITC TOPCon Patent Case but Continues Federal Lawsuits
First Solar said on September 16, 2026, it would withdraw its ITC Section 337 TOPCon patent complaint without prejudice and focus on existing federal lawsuits. The company linked the strategy shift to the administration’s Section 232 action on polysilicon and derivatives, while cases involving affiliates of Canadian...
Published byEdited with GPT-5.6 TerraImages generated with GPT Image 2
Research answer
Key takeaways
- First Solar said on September 16, 2026, it would withdraw its ITC Section 337 TOPCon patent complaint without prejudice and focus on existing federal lawsuits.
- The company linked the strategy shift to the administration’s Section 232 action on polysilicon and derivatives, while cases involving affiliates of Canadian Solar, Jinko Solar, T1 Energy and Trina Solar continue in U.S.
- First Solar shares fell about 5% in September 16 trading after the announcement, according to market reports.
AI Prompt
openai.comCreate a landscape editorial hero image for this Studio Global article: What did First Solar announce on September 16, 2026, regarding its U.S. International Trade Commission patent-infringement complaint over TO. Article summary: On September 16, First Solar said it would voluntarily withdraw its ITC Section 337 patent-infringement complaint over TOPCon technology and seek termination of the investigation without prejudice—preserving its ability . Topic tags: general, news, general web. Style: premium digital editorial illustration, source-backed research mood, clean composition, high detail, modern web publication hero. Use reference image context only for broad subject, composition, and topical grounding; do not copy the exact image. Avoid: logos, brand marks, copyrighted characters, real person likenesses, fake screenshots, UI text, readable text, watermarks, charts with fake numbers
First Solar is ending its immediate ITC challenge over TOPCon solar technology, but not its broader patent-enforcement campaign. On September 16, 2026, the company said it intended to voluntarily withdraw its Section 337 complaint at the U.S. International Trade Commission and seek to terminate the investigation without prejudice to refiling. At the same time, it said it would continue pursuing TOPCon patent cases in U.S. district court. 20
29
What First Solar announced
The Section 337 complaint had sought an ITC investigation into alleged infringement of First Solar’s TOPCon intellectual property. First Solar’s new approach is to terminate that ITC proceeding while retaining the ability to file another complaint later. 4
20
“Without prejudice” is important: it means the requested termination does not itself resolve the underlying patent allegations or bar a future complaint. It leaves First Solar with an option to return to the ITC if it decides circumstances warrant it. 20
29
Why the company is shifting venues
First Solar characterized the decision as a recalibration of its intellectual-property enforcement strategy following the U.S. government’s Section 232 action on imported polysilicon and its derivatives. 4
20
Reuters reported that the administration imposed price floors and a 15% tariff on products made from polysilicon, a key material used in semiconductors and solar panels. 1 First Solar said the Section 232 measures should help loosen China’s grip on a critical supply chain.
2
The company has not disclosed a fuller legal rationale for ending the ITC proceeding while continuing the court cases. The clearest conclusion from its announcement is that it is changing the enforcement route—not abandoning its TOPCon claims. 4
29
Which lawsuits will continue?
First Solar said it will continue existing U.S. district-court patent litigation against affiliates of:
Reuters reported that these cases had been paused pending the ITC proceeding. 31 The materials provided do not establish the individual affiliate names, court districts, or docket numbers, so those details should not be inferred.
What is TOPCon—and why does First Solar hold the patents?
TOPCon is short for tunnel oxide passivated contact, a crystalline-silicon solar-cell technology. First Solar, by contrast, is known for thin-film cadmium-telluride (CdTe) solar modules rather than silicon-panel manufacturing. 24
34
That difference does not prevent First Solar from owning TOPCon-related intellectual property. Reuters reported that it obtained the relevant U.S. TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun. 30
The dispute therefore concerns patents First Solar acquired, rather than a claim that its current commercial CdTe modules use TOPCon technology.
What did T1 Energy say?
The available source material does not include a direct statement from T1 Energy about its defense or First Solar’s withdrawal of the ITC case. It is therefore not possible to reliably characterize T1 Energy’s position beyond First Solar’s statement that litigation involving T1 Energy affiliates will continue. 20
31
Market reaction
First Solar stock fell roughly 5% during trading on September 16 following the announcement, according to contemporaneous market reports. 7
8
The move underscores the distinction investors were weighing: the ITC case is being withdrawn, but First Solar’s patent fight over TOPCon technology remains active in federal court.
Studio Global AI
Continue your research
This page includes a source-backed answer you can continue inside Studio Global.
People also ask
What is the short answer to "First Solar Withdraws ITC TOPCon Patent Case but Continues Federal Lawsuits"?
First Solar said on September 16, 2026, it would withdraw its ITC Section 337 TOPCon patent complaint without prejudice and focus on existing federal lawsuits.
What are the key points to validate first?
First Solar said on September 16, 2026, it would withdraw its ITC Section 337 TOPCon patent complaint without prejudice and focus on existing federal lawsuits. The company linked the strategy shift to the administration’s Section 232 action on polysilicon and derivatives, while cases involving affiliates of Canadian Solar, Jinko Solar, T1 Energy and Trina Solar continue in U.S.
What should I do next in practice?
First Solar shares fell about 5% in September 16 trading after the announcement, according to market reports.