U.S.-based solar module manufacturer First Solar has planned to withdraw its Section 337 patent complaint before the U.S. International Trade Commission (USITC) and continue pursuing lawsuits related to tunnel oxide passivated contact (TOPCon) technology in the U.S. District Court.

First Solar said it intends to withdraw the complaint and terminate the USITC investigation without prejudice, allowing it to refile the complaint later.

The company will continue its existing TOPCon patent lawsuits against affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar in U.S. district court. Those cases were stayed pending the outcome of the Section 337 investigation.

First Solar will resume efforts to enforce its TOPCon patent portfolio against other manufacturers that it believes infringe its patents. The company had paused those efforts after filing the Section 337 complaint.

The decision follows the Trump administration’s recent action against imports of polysilicon and its derivatives under Section 232 of the Trade Expansion Act over national security concerns.

Jason Dymbort, General Counsel at First Solar, said that the Trump administration’s Section 232 action helps level the playing field at the border, and that the company is more determined than ever to enforce its intellectual property rights.

The company acquired its U.S. TOPCon patents and related international counterparts through its acquisition of TetraSun in 2013. The portfolio includes patents issued in the U.S., Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam. According to First Solar, the patents are valid through 2030 and beyond.

The portfolio also includes pending patent applications in the European Union, Japan, Hong Kong, the UAE, and Vietnam.

In July 2024, First Solar announced plans to license and enforce its TOPCon technology patent portfolio and began infringement investigations involving several crystalline silicon solar cell manufacturers.

First Solar operates five manufacturing facilities in Alabama, Louisiana, and Ohio. A sixth facility is under construction in South Carolina, with the first phase expected to begin operations in the second half of 2026.

The company expects its U.S. module manufacturing capacity to reach approximately 17 GW by 2027. It also expects to have invested more than $5 billion in U.S. manufacturing and research and development infrastructure since 2019 by the end of 2026.

In the second quarter of 2026, First Solar reported net sales of $1.06 billion, a 3.7% year-over-year decline from $1.1 billion. Revenue was broadly in line with analysts’ expectations.

Last year, FS India Solar, a subsidiary of First Solar, had won Solar Energy Corporation of India’s auction to supply domestically manufactured 260 MWp solar modules to a project in Dhar, Madhya Pradesh.