US ITC opens TOPCon supply chain case over First Solar patents
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First Solar is seeking the ITC to wretchedness general exclusion and end and desist orders over its TOPCon patents. Image: First Solar
The US World Alternate Fee (ITC) has begun an investigation into tunnel oxide passivated contact (TOPCon) solar merchandise within the US, following a grievance by US thin-film module producer First Solar.
The ITC will investigate “determined TOPCon solar cells, modules, panels, system thereof” entering the US because a grievance from First Solar over its intellectual property (IP) rights.
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The investigation will decide whether TOPCon merchandise imported, sold for importation or sold after importation to the US violate Share 337 of the 1930 Tariff Act and infringe on First Solar’s TOPCon IP. It namely pertains to US Patent No. 9,130,074, which is one amongst the patents First Solar acquired when it bought startup solar agency TetraSun in 2013.
The ITC named 47 respondents to the investigation from 11 international locations, including main Chinese solar producers JinkoSolar, JA Solar, Trina Solar and Canadian Solar, and main US silicon-essentially essentially based avid gamers treasure Qcells and T1 Energy. It also encompasses firms in Germany, India, Southeast Asia and Canada.
First Solar is the leading producer of cadmium telluride (CdTe) thin-film modules, a competitor abilities to silicon-essentially essentially based solar merchandise. The firm is the largest module producer within the US.
This style will likely be a prime hurdle for US TOPCon manufacturing. Thru the case, First Solar is seeking the ITC to wretchedness general exclusion and end and desist orders over the utilization of the linked TOPCon abilities.
Versus other tariff cases, treasure antidumping and countervailing tasks (AD/CVD), this investigation is attempting at a particular patent and piece of abilities, in preference to the foundation of system. This could luxuriate in broader implications for TOPCon solar manufacturing and imports to the US and will reach past the allege respondents to veil any infringement of the allege patent.
US producers luxuriate in already been struggling to procure TOPCon merchandise attributable to the colossal swathe of IP conflicts over the abilities. First Solar has already been fervent right here, having faced down three challenges to the validity of its TOPCon patents early this year. The firm has licensed its TOPCon patents to Talon PV, a cell manufacturing startup in Texas, but has been active in maintaining its portfolio in opposition to other perceived infringements.
Closing year, we spoke with the CEO of US-essentially essentially based solar cell producer ES Foundry, Alex Zhu, who said that he believed no firm could well safely procure TOPCon within the US with out incurring litigation challenges.
The ITC has said that respondents on this investigation must always put up responses inner 20 days of glimpse being issued. It warns that failure to realize so could well consequence in end and desist or general exclusion orders being issued.
This case could well put main stress on the style of TOPCon abilities as the dominant different within the global solar commerce, in particular within the politically sensitive and, nowadays, dangerous US market.
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