After a nearly two-year ordeal, some answers have been determined in the TOPCon intellectual patent lawsuit between Maxeon and Canadian Solar.
In March 2024, Maxeon alleged Canadian Solar had infringed on three patents related to TOPCon solar panel manufacturing: Patent Nos. 8,222,516 (the ’516 patent), 8,878,053 (the ’053 patent), and 11,251,315 (the ’315 patent).
- ‘516 patent: Front Contact Solar Cell with Formed Emitter
- ‘053 patent: Front Contact Solar Cell with Formed Emitter
- ‘315 patent: Solar Cells with Improved Lifetime, Passivation and/or Efficiency
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board ruled this week that two of the claims were unpatentable while the third was inconclusive. Canadian Solar has positioned this as a win.
“The final decision issued by the USPTO once again affirms that Canadian Solar’s technology and legal teams have always respected and placed great importance on protecting both our own and our peers’ intellectual property,” said Colin Parkin, President of Canadian Solar. “At the same time, we firmly oppose the misuse or weaponization of patents — particularly those lacking patentability or practical value — which can distort competition and impede genuine innovation.”
Results from the appeal board:
- ‘516 patent: Canadian Solar showed that some portions of the patent are unpatentable, but not all.
- ‘053 patent: Canadian Solar showed that all claims on the patent are unpatentable.
- ‘315 patent: Canadian Solar showed that all claims on the patent are unpatentable.
All three patents are also referenced in Maxeon-ordered patent infringement lawsuits against Hanwha and REC.
