First Solar announced that the United States Patent and Trademark Office had denied Inter Partes Review applications filed by JinkoSolar, Canadian Solar and Mundra Solar, thereby upholding the company’s Tunnel Oxide Passivated Contact (TOPCon) patents. The denials were issued on November 20 2025 for JinkoSolar, December 11 2025 for Canadian Solar and December 18 2025 for Mundra Solar, with the public announcement made on January 20 2026.
The TOPCon patents were acquired by First Solar in 2013 when it purchased TetraSun Inc., a company that had developed a portfolio of silicon‑cell efficiency technologies. The patents, issued in 2015 and 2017, cover a process that improves the performance of crystalline‑silicon solar cells by adding a thin oxide layer. First Solar has been defending these patents in a series of lawsuits against the three challengers in the U.S. District Court for the District of Delaware, and the USPTO ruling removes a key avenue for the defendants to invalidate the patents.
Executive Vice President, General Counsel and Secretary Jason Dymbort said the decision “confirms the strength of our TOPCon portfolio and reinforces the settled expectations doctrine that protects patents that have been in force for a long period.” He added that the ruling “bolsters our position in the ongoing litigation and signals to the market that First Solar’s intellectual property moat remains intact.” The company’s legal team emphasized that the ruling does not end the litigation but removes a significant threat to its patent rights.
The ruling has immediate strategic implications. By preventing the challengers from claiming the patents are invalid, First Solar can continue to pursue infringement claims without the risk of a counter‑argument that the patents are unenforceable. This strengthens the company’s bargaining power in licensing negotiations and supports its broader strategy of leveraging the Inflation Reduction Act’s tax credits for domestic solar manufacturing. Investors view the decision as a positive reinforcement of First Solar’s technology leadership, even though the company’s core CdTe thin‑film business remains distinct from the TOPCon technology it now defends.
In the broader solar industry, the decision underscores the growing intensity of intellectual‑property disputes as manufacturers seek to improve efficiency and reduce costs. First Solar’s ability to defend its TOPCon patents positions it favorably against competitors that rely on crystalline‑silicon modules, while its CdTe technology continues to benefit from U.S. policy incentives. The ruling also highlights the importance of patent portfolios acquired through strategic acquisitions, such as TetraSun, in building a resilient competitive advantage in a rapidly evolving market.
Overall, the USPTO ruling represents a significant win for First Solar’s legal strategy and reinforces its position as a leading innovator in solar technology. The decision is expected to sustain investor confidence and support the company’s ongoing efforts to protect and monetize its intellectual property assets.
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