First Solar Accuses Waaree of Infringing TOPCon Patents

The solar industry faces another patent clash. U.S. solar giant First Solar has accused Waaree Energies, India’s biggest module exporter, of infringing patents linked to TOPCon technology.

The American firm issued a warning letter to Waaree. It claims that Waaree’s TOPCon (Tunnel Oxide Passivated Contact) solar cells violate two of its U.S. patents. First Solar asked Waaree to stop production or obtain a license. If not, it may file a lawsuit in the United States.

Why TOPCon is Critical

TOPCon is the fastest-growing solar cell technology. It reduces power loss and increases panel efficiency. Many manufacturers, including LONGi, JinkoSolar, and Trina, are scaling production.

First Solar entered the high-efficiency segment in 2013 after acquiring TetraSun. That deal gave it a strong patent base. The company is now using those rights to challenge rivals.

Waaree’s Stakes

Waaree has export orders worth about ₹30,000 crore. A majority of these shipments are headed for the U.S. Any restriction could hurt deliveries and margins.

The company also faces a separate case. In February 2025, JinkoSolar filed a lawsuit in Texas. The case alleges Waaree copied its n-type TOPCon design, protected under U.S. Patent No. 11,824,136 B2.

Industry-Wide Disputes

Patent fights around TOPCon are spreading fast. First Solar has already sued JinkoSolar in Delaware over a different patent.

Other players, such as Canadian Solar and LONGi, have also been drawn into disputes. Analysts say the trend shows how critical intellectual property has become for solar growth.

What’s Next

Waaree has not issued an official response to First Solar’s claims. Industry watchers expect talks on licensing before a court battle begins.

The outcome could reshape how Indian firms compete in the U.S. solar market. It may also decide how patents influence the next wave of renewable energy expansion.

First Solar sues JinkoSolar over Infringement of New Patent Technology

First Solar an US solar panel manufacturer, has initiated legal action against JinkoSolar (Chinese solar panel manufacturer), alleging infringement of its U.S. Patent No. 9,130,074, which pertains to tunnel oxide passivated contact (TOPCon) solar technology. This patent was obtained by First Solar in 2013 through its aquiring of TetraSun, Inc.

The lawsuit was filed in the U.S. District Court for the District of Delaware. First Solar claims that JinkoSolar’s use of TOPCon technology infringes upon its patent rights. In defense, a JinkoSolar spokesperson stated that the company is having proof that the claims lack merit and intends to vigorously defend itself against what it considers baseless allegations by First solar.

Currently, the legal action is part of a broader trend in the solar industry, where several major manufacturers are engaged in patent disputes over TOPCon technology. In October 2024, First Solar notified several large competitors, including JinkoSolar, of alleged infringements on its TOPCon patents.

The outcome of this lawsuit could have significant implications for the solar industry market and manufacturers , particularly concerning the development and commercialization of advanced solar technologies like TOPCon worldwide.