First Solar's Legal Action Against JinkoSolar
First Solar Inc. has filed a lawsuit against JinkoSolar Holding Co. Ltd. for allegedly infringing its TOPCon technology patent. The legal action was lodged in a US federal court in Delaware, with the Arizona-based solar manufacturer accusing its Chinese rival of violating its Tunnel Oxide Passivated Contact (TOPCon) patent.
This lawsuit centers around First Solar's parent patent No 9,130,074 for the production of crystalline-silicon (c-Si) photovoltaic (PV) cells. The patent covers multiple jurisdictions, including the US, Australia, Canada, China, the EU, Japan, Mexico, Malaysia, Singapore, South Korea, the UAE, and Vietnam, along with pending applications in several other regions.
Background of the Dispute
The legal battle stems from First Solar's acquisition of TetraSun Inc., a California-based startup, in 2013. Through this acquisition, First Solar gained control of the specific patents for TOPCon technology. Last summer, the company initiated investigations into various crystalline-silicon solar manufacturers to examine potential infringement of these patents. JinkoSolar was one of the key companies under scrutiny.
“We’ve been clear that we will actively defend our intellectual property rights in the US and internationally,” said Jason Dymbort, executive vice president, general counsel, and secretary of First Solar. “Unfortunately, our interaction with JinkoSolar has been unproductive and left us with no choice but to enforce our patent rights through legal action,” he added.
Dymbort emphasized that the lawsuit is designed to ensure that manufacturers of TOPCon solar cells operate within the legal framework of intellectual property law. “We believe we have a strong TOPCon technology patent portfolio,” he stated, underscoring the company’s commitment to safeguarding its innovations.
A Growing Trend in Solar Patent Disputes
First Solar’s lawsuit is part of a broader trend in the solar industry, with various companies facing disputes over TOPCon technology. In recent months, several major solar manufacturers, including JinkoSolar, LONGi, Trina Solar, and Canadian Solar, have been involved in similar legal conflicts over intellectual property rights related to crystalline-silicon solar cells.
Although First Solar primarily manufactures cadmium telluride (CdTe) modules—a distinct technology from TOPCon—the company has increased its focus on TOPCon as part of its strategy to invest in and develop the next generation of photovoltaic technologies.
Partnership with Talon PV and Growth of U.S. Solar Industry
On the same day that First Solar filed its lawsuit, the company also announced a TOPCon licensing agreement with Talon PV, a US-based solar cell manufacturer. Talon PV is in the process of constructing a 4GW cell manufacturing plant in the US, which it expects to commission in the first quarter of 2026.
This move aligns with the ongoing efforts to strengthen the US solar supply chain, which has gained significant momentum since the Inflation Reduction Act (IRA) was passed. The IRA has spurred a near fourfold increase in US photovoltaic manufacturing capacity, encouraging more companies to build and expand domestic production capabilities.
Talon PV CEO Adam Tesanovich expressed that the licensing agreement will help the company “stay on track to produce American-made TOPCon cells next year,” signaling the importance of domestic manufacturing in the push for renewable energy development in the US.
Additionally, Talon PV recently secured a cell supply deal with SEG Solar, a US module manufacturer, to provide TOPCon cells for SEG Solar’s panels starting in early 2026.
The Future of Solar Manufacturing in the U.S.
The growing importance of US-based solar manufacturing was further emphasized by Mark Widmar, CEO of First Solar, who highlighted the company's recent progress in expanding its manufacturing footprint. "In 2024, we continued building the foundations required for our long-term growth strategy," Widmar stated. The company has expanded its manufacturing capacity through new facilities in Alabama and Louisiana and is in the process of building a new research and development center in Ohio.
However, Widmar also noted challenges at the Alabama facility, including “higher-than-anticipated ramp-related charges” associated with material usage and spare parts. Despite these setbacks, the company’s total investment in the facility stands at $1.1 billion, underscoring its commitment to strengthening the US solar manufacturing industry.
With major players like First Solar, JinkoSolar, and Talon PV leading the charge, the outcome of this lawsuit will likely influence the dynamics of the industry for years to come. As the solar energy sector continues to expand, legal and technological developments such as these will play a crucial role in shaping the landscape of renewable energy.
First Solar is a leading American solar technology company that specializes in manufacturing advanced thin-film photovoltaic (PV) solar modules. With a focus on sustainability and innovation, First Solar provides clean and reliable solar energy solutions. The company designs, manufactures, and supports PV systems to help meet the growing demand for renewable energy worldwide. With a strong presence in the global solar industry, First Solar operates facilities across multiple continents, including the Americas, Europe, and the Middle East, offering scalable and cost-effective solar power solutions for utility-scale projects. Committed to environmental stewardship, the company also leads efforts in improving the lifecycle sustainability of its products.
JinkoSolar is a global leader in the solar industry, specializing in the development, manufacturing, and distribution of high-quality solar products. Headquartered in China, JinkoSolar is recognized for its innovative photovoltaic (PV) solutions and its commitment to providing clean, sustainable energy to the world. The company produces solar modules and related technologies, offering a broad range of solutions for residential, commercial, and utility-scale projects. With a strong global presence, JinkoSolar operates manufacturing facilities in multiple countries and has a vast network of partners. Known for its focus on technological advancement and efficiency, JinkoSolar is committed to driving the adoption of renewable energy to support a greener future.
