First Solar Announces Ownership of TOPCon Technology Patents, Undertakes Infringement Investigation

Business Wire 19-Jul-2024 8:30 AM

• Patents secured through 2013 acquisition of TetraSun include issued patents in the United States, Canada, Mexico, China, Malaysia, Vietnam, Japan, and Australia, among other jurisdictions, and pending patent applications in the European Union and Japan
• First Solar evaluating options including asserting patent rights against potential infringers

First Solar, Inc. ("First Solar") (NASDAQ:FSLR) today announced its ownership of patents related to the manufacturing of Tunnel Oxide Passivated Contact ("TOPCon") crystalline-silicon ("c-Si") photovoltaic ("PV") solar cells.

First Solar secured the U.S. patent and related international counterparts through its acquisition of TetraSun, Inc. ("TetraSun") and has initiated an investigation of several c-Si solar manufacturers for potential infringement of its patents. The patents include issued patents in the United States, Canada, Mexico, China, Malaysia, Vietnam, Japan, and Australia, among other jurisdictions, with validities extending to 2030. It also includes pending patent applications in the European Union and Japan. First Solar firmly believes in the value and strength of the patents and plans to conduct a thorough investigation of potentially infringing products.

First Solar acquired TetraSun and its intellectual property portfolio in 2013. Prior to its acquisition, the California-based startup had pioneered proprietary cell architecture and manufacturing processes for large-format crystalline silicon wafers.

"These patents are First Solar's intellectual property, which we continue to leverage as part of ongoing efforts to develop the next generation of PV technologies," said Jason Dymbort, Executive Vice President, General Counsel and Secretary of First Solar. "While First Solar is a world leader in the development and commercialization of advanced thin film photovoltaics, our R&D and intellectual property portfolio spans several semiconductor platforms, including crystalline silicon, as we pursue multiple pathways towards our goal of developing the next transformative, disruptive solar technology."

Dymbort added, "We are investigating several leading crystalline silicon solar manufacturers for potential infringement of our patents. If infringement is discovered, we intend to challenge the ability of potential infringers to legally manufacture, assemble, and sell infringing TOPCon technology by pursuing enforcement, licensing, and/or other measures to safeguard our rights."

About First Solar, Inc.

First Solar is a leading American solar technology company and global provider of responsibly produced eco-efficient solar modules advancing the fight against climate change. Developed at R&D labs in California and Ohio, the company's advanced thin film photovoltaic (PV) modules represent the next generation of solar technologies, providing a competitive, high-performance, lower-carbon alternative to conventional crystalline silicon PV panels. From raw material sourcing and manufacturing through end-of-life module recycling, First Solar's approach to technology embodies sustainability and a responsibility towards people and the planet. For more information, please visit www.firstsolar.com.

Cautionary Statement Regarding Forward-Looking Statements

This release contains forward-looking statements which are made pursuant to safe harbor provisions of the Private Securities Litigation Reform Act of 1995. All statements in this release, other than statements of historical fact, are forward-looking statements. These forward-looking statements include, but are not limited to, statements concerning: our future plans and areas of focus in relation to patent rights, the perceived value of patent rights, our positioning to enforce patent rights, our investigation of potential infringers, our intention to challenge the ability of infringers to legally manufacture, assemble, and sell infringing TOPCon technology where our patent rights exist; and our intention to consider a range of options, including enforcement, licensing, and other potential means to safeguard our rights. These forward-looking statements are often characterized by the use of words such as "estimate," "expect," "anticipate," "project," "plan," "intend," "seek," "believe," "forecast," "foresee," "likely," "may," "should," "goal," "target," "might," "will," "could," "predict," "continue" and the negative or plural of these words and other comparable terminology. Forward-looking statements are only predictions based on our current expectations and projections about future events and therefore speak only as of the date of this release. You should not place undue reliance on these forward-looking statements. We undertake no obligation to update any of these forward-looking statements for any reason, whether as a result of new information, future developments or otherwise. These forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause our actual results, levels of activity, performance, or achievements to differ materially from those expressed or implied by these statements. These factors include, but are not limited to, the results of our investigation of potential infringers, the costs and other impacts arising from any subsequent litigation, the results of which are unpredictable; the validity and scope of claims relating to the patents; the potential for companies to develop and patent technology designed to exclude our patented technology; and the matters discussed under the captions "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations" of First Solar's most recent Annual Report on Form 10-K, as supplemented by First Solar's other filings with the Securities and Exchange Commission.

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