First Solar’s Legal Action Against JinkoSolar

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25th Feb 2025 ~ First Solar vs. JinkoSolar

In February 2025, solar panel maker First Solar initiated legal action against JinkoSolar in the United States District Court of Delaware, alleging patent infringement of TOPCon technology acquired through the 2013 TetraSun purchase. This coincided with First Solar forecasting higher 2025 sales ($5.3–$5.8 billion), up 32% from the previous year, though the legal outcome remains pending.

The lawsuit is portrayed as a defense of intellectual property, but it could also be a strategic move to dominate the solar market, with some questioning if it reflects broader industry competition rather than pure legal necessity.

First Solar has initiated legal action against JinkoSolar, alleging that JinkoSolar and its subsidiaries are infringing on First Solar’s TOPCon technology patents.

Highlights

  • Legal Action: First Solar filed the lawsuit on February 25, 2025, accusing JinkoSolar of infringing its TOPCon technology patents.
  • Patent Background: The patents in question were acquired by First Solar through its 2013 acquisition of TetraSun, Inc., and cover manufacturing methods for high-efficiency solar cells.
  • Patent Portfolio: First Solar holds TOPCon patents in multiple jurisdictions, including the US, Australia, Canada, China, the EU, and others, with validities extending beyond 2030.
  • Company Stance: First Solar has stated that its interactions with JinkoSolar have been unproductive, leaving it with no choice but to enforce its patent rights through legal action.
  • Industry Impact: This legal action is part of a broader trend in the solar industry, with various companies facing disputes over TOPCon technology. The outcome of this lawsuit could influence the dynamics of the industry for years to come.

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