The Patent Trial and Appeal Board of the U.S. Patent and Trademark Office (USPTO) has issued final written decisions on a patent infringement claim involving TOPCon solar technology.
Trina Solar, holder of the TOPCon patents through a license with Evervolt Green Energy Holdings, claimed that Runergy, Adani Green Energy (Mundra) and Canadian Solar were infringing on the patents. Adani previously settled with Trina. But USPTO this week said in its final written decision that portions of Trina’s TOPCon patents were unpatentable, and Runergy and Canadian Solar are therefore not infringing.
Trina possesses two TOPCon patents: U.S. Patent Nos. 9,722,104 and 10,230,009. Portions of both patents were deemed unpatentable.
Colin Parkin, president of Canadian Solar and president of e-STORAGE, commented, “Canadian Solar has always remained committed to organic and independent R&D. We possess a deep and comprehensive understanding of our proprietary technologies. While we respect and value the intellectual property rights of all companies as we do our own, we firmly oppose the abusive use of IP to extort or hinder competition. We will continue to vigorously defend our legitimate business interests.”
Trina Solar had also requested a Sec. 337 investigation involving these TOPCon patents. A Sec. 337 ruling would direct Customs and Border Protection to stop infringing imports from entering the United States. The U.S. International Trade Commission terminated that case earlier this year.
After the USPTO chose not to review claims against First Solar-owned TOPCon patents, First Solar filed its own Sec. 337 investigation request against a swath of silicon solar competitors, including Trina Solar, Canadian Solar, Runergy and Adani. That investigation is ongoing.
