US patent office rejects challenges to First Solar TOPCon patents

The U.S. Patent and Trademark Office denied three separate Inter Partes Review applications filed by solar manufacturers seeking to invalidate First Solar Inc.'s (NASDAQ: FSLR) Tunnel Oxide Passivated Contact patents.

The USPTO rejected applications from JinkoSolar, Canadian Solar, and Mundra Solar on November 20, December 11, and December 18, respectively. JinkoSolar and Canadian Solar challenged U.S. Patent No. 9,130,074, while Mundra Solar targeted U.S. Patent No. 9,666,732. Both patents cover manufacturing methods for TOPCon crystalline silicon photovoltaic solar cells.

First Solar has pending lawsuits against all three companies in the United States District Court for the District of Delaware, alleging patent infringement. The company obtained the TOPCon patents through its 2013 acquisition of TetraSun Inc.

"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 and general counsel at First Solar. He cited the USPTO's "Settled Expectations" doctrine, noting the patents were issued in 2015 and 2017.

The patent portfolio includes issued patents in 14 countries and regions including the United States, China, and the European Union, with validities extending to 2030 and beyond. First Solar announced its intention to license and enforce the TOPCon technology patents in July 2024 and launched infringement investigations against several crystalline silicon solar cell manufacturers.

The information is based on a company press release.

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