US Patent & Trademark Office Rejects Attempts by Canadian Solar, JinkoSolar, and Mundra Solar to Challenge Validity of First Solar TOPCon Patents
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inter partes reviewregulatory
An inter partes review is a formal proceeding at the U.S. Patent Office where a third party asks a panel to re-examine and possibly cancel all or part of an issued patent based on earlier public information. Investors care because the outcome can remove or uphold a company’s exclusive rights, directly affecting product exclusivity, potential revenue, legal exposure and the valuation of businesses that rely on that patent—like asking a neutral referee to re-check a key call in a game.
iprregulatory
IPR stands for intellectual property rights, the legal protections for creations such as inventions, brand names, designs, software and trade secrets. For investors, IPR matters because it can act like a lock or fence around a company’s valuable ideas, creating exclusive income through sales or licensing, reducing competition, and helping determine a firm’s long-term earning power and valuation.
tunnel oxide passivated contacttechnical
A tunnel oxide passivated contact is a specialized interface in a solar cell where an ultra-thin insulating layer and a carefully designed metal or doped silicon layer work together to let electrical charge flow out while protecting the silicon surface from losses. Think of it like a guarded gate that lets people through but prevents crowding and damage; for investors, it matters because it boosts panel efficiency and long-term performance, potentially improving energy output and reducing cost per watt.
topcontechnical
A multinational technology company that designs and sells precision measurement, positioning and medical imaging equipment used by healthcare providers, surveyors and construction professionals. Investors care because its sales and service contracts drive revenue and profits—like a maker of specialized tools whose market share, product adoption and recurring maintenance income can directly affect future earnings, cash flow and the stock’s outlook.
crystalline silicontechnical
Crystalline silicon is high-purity silicon whose atoms are arranged in a regular crystal lattice, commonly formed into wafers for use in computer chips and solar panels. It matters to investors because it is the basic raw material that determines production efficiency, cost and performance in large industries—like how the quality of bricks affects building strength and cost—so shortages, price swings or technical improvements can directly affect manufacturers’ profits and stock outlooks.
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Photovoltaic describes the technology that converts sunlight directly into electricity using panels made of semiconductor materials; think of it like leaves turning sunlight into usable energy for a plant, but producing power for homes, factories and the grid. It matters to investors because photovoltaic systems represent assets, revenue sources, cost structures and regulatory exposure for energy and manufacturing companies, and their adoption rates and efficiency gains affect long-term profitability and market demand.
intellectual property rightsregulatory
Legal protections that give a company exclusive control over creations like inventions, brand names, designs, formulas, software and creative works, similar to owning the lock and key to a recipe or product design. For investors, these rights matter because they can create durable revenue streams, reduce competition and justify higher company value, while weak or contested rights increase the risk of lost sales and costly legal disputes.
patent portfolioregulatory
A patent portfolio is the collection of patents a company owns or controls that protect its inventions and technologies. For investors it matters because this bundle acts like a fenced yard or toolbox — it can block competitors, create steady income through licensing, and increase a company's long-term value, while gaps, expirations or weak patents can expose the business to competition and risk.
Inter Partes Review applications denied as First Solar lawsuits continue to progress
PHOENIX--(BUSINESS WIRE)--
First Solar, Inc. (Nasdaq: FSLR) (“First Solar”) today announced that the Director of the United States Patent and Trademark Office (USPTO) denied three separate Inter Partes Review (IPR) applications seeking to invalidate the company’s Tunnel Oxide Passivated Contact (“TOPCon”) patents through a review process. The IPRs were filed by JinkoSolar, Mundra Solar, and Canadian Solar in 2025, and were declined on November 20, December 11, and December 18, respectively.
While JinkoSolar and Canadian Solar sought to invalidate First Solar’s US Patent No. 9,130,074, Mundra Solar’s application sought a review of First Solar’s US Patent No. 9,666,732. Both patents cover methods of manufacturing TOPCon crystalline silicon (“c-Si”) photovoltaic (PV) solar cells. First Solar has pending lawsuits against all three companies alleging infringement of its patents in the United States District Court for the District of Delaware.
“First Solar believes the USPTO properly exercised its discretion in each of the cases brought by Jinko, Canadian Solar and Mundra,” said Jason Dymbort, Executive Vice President, General Counsel and Secretary, First Solar. “We believe that this is consistent with USPTO’s ‘Settled Expectations’ doctrine, which is underpinned by the principle that the longer a patent has been in force, the stronger and more settled the patent owner's expectations should be. The patents at issue in each of these matters were issued in 2015 and 2017, respectively, long before each of these manufacturers’ petitions were filed.”
Dymbort added, “The USPTO’s decision reinforces our belief in the strength of our TOPCon technology patent portfolio. As we’ve consistently stated, we will actively defend our intellectual property rights in the US and internationally and continue to pursue legal action against these and other manufacturers, as we work to enforce our patent rights.”
First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun, Inc. The patents include issued patents in the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam with validities extending to 2030 and beyond. The portfolio also includes pending patent applications in the European Union, Japan, Hong Kong, United Arab Emirates, and Vietnam. In July 2024, First Solar announced its intention to license and enforce the TOPCon technology patent portfolio and the launch of infringement investigations against several leading crystalline silicon solar cell manufacturers.
About First Solar, Inc.
First Solar, Inc. is America's leading PV solar technology and manufacturing company. The only US-headquartered company among the world's largest solar manufacturers, First Solar is focused on competitively and reliably enabling power generation needs with its advanced, uniquely American thin film PV technology. Developed at research and development (R&D) labs in California and Ohio, the Company's technology represents the next generation of solar power generation, providing a competitive, high-performance, and responsibly produced alternative to conventional crystalline silicon PV modules. For more information, please visit www.firstsolar.com.
This press release contains various “forward-looking statements” which are made pursuant to safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include, but are not limited to, statements concerning: (i) the validities extending to 2030 of patents including issued patents in the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam; (ii) that we will actively defend our intellectual property rights, (iii) our future plans and areas of focus in relation to patent rights, (iv) the perceived value of patent rights, and (v) our positioning to enforce patent rights. These forward-looking statements are often characterized by the use of words such as “estimate,” “expect,” “anticipate,” “project,” “plan,” “intend,” “seek,” “believe,” “forecast,” “foresee,” “likely,” “may,” “should,” “goal,” “target,” “might,” “will,” “could,” “predict,” “continue” and the negative or plural of these words and other comparable terminology. Forward-looking statements are only predictions based on First Solar’s current expectations and First Solar’s projections about future events and therefore speak only as of the date of this release. You should not place undue reliance on these forward-looking statements. First Solar undertakes no obligation to update any of these forward-looking statements for any reason, whether as a result of new information, future developments or otherwise. These forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause First Solar’s actual results, levels of activity, performance, or achievements to differ materially from those expressed or implied by these statements. These factors include, but are not limited to, the results of our investigation of potential infringers, the costs and other impacts arising from any subsequent litigation, the results of which are unpredictable; the validity and scope of claims relating to the patents; the potential for companies to develop and patent technology designed to exclude our patented technology; and the matters discussed under the captions “Risk Factors” and “Management’s Discussion and Analysis of Financial Condition and Results of Operations” of First Solar’s most recent Annual Report on Form 10-K, as supplemented by First Solar’s other filings with the Securities and Exchange Commission.
