First Solar Rethinks Patent Strategy as Tariffs Reshape US Solar Trade
Published on 09/18/2026 at 06:41 | Editorial boerse-global.de
First Solar has pulled its patent complaint from the US International Trade Commission, a move that shifts the legal battleground over its TOPCon solar cell technology onto the dockets of federal courts. The withdrawal was filed without prejudice on Wednesday, meaning the company retains the right to refile, and it does nothing to slow the civil suits already underway against several major competitors.
At the heart of the dispute are manufacturing patents covering TOPCon cells, a technology widely viewed as a key driver of efficiency gains across the industry. First Solar originally pursued a Section 337 action at the ITC, accusing rivals of infringing its intellectual property. According to Reuters, the company characterized the pullback as a procedural step rather than any surrender of its patent protections, saying it would recalibrate enforcement in light of trade measures introduced under Section 232.
Tariffs Ease the Pressure at the Border
Those new import restrictions are the practical reason behind the ITC withdrawal. Under the Section 232 measures, polysilicon faces fresh barriers to entry, including fixed floor prices and a 15 percent duty on polysilicon-based products. With those government-imposed hurdles already throttling the flow of affected solar components into the US market, a separate ITC investigation — one aimed primarily at import bans on certain solar modules — has lost much of its near-term urgency. First Solar has left the door open to reviving the case should conditions at the border shift again.
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Meanwhile, the company's damages and injunction claims against Canadian Solar, JinkoSolar, Trina Solar and T1 Energy remain fully active in the federal court system. The patents underpinning those cases trace back to First Solar's 2013 acquisition of TetraSun and cover core elements of high-efficiency TOPCon manufacturing. Their reach extends well beyond US borders, with protection also in force in Canada, China, Europe and additional Asian markets — and with terms running past 2030, the litigation carries substantial economic weight for the global photovoltaic sector.
A Split Verdict on Wall Street
Equity analysts have not spoken with one voice on the strategy. Bernstein downgraded the stock to Underperform on Wednesday and cut its price target to USD 197, according to media reports. BMO Capital moved the opposite way a day earlier, upgrading the shares with a USD 263 target, while institutional investor Tidal Investments recently added to its stake.
The stock's recent trading tells a similar story of whipsaw sentiment. After shedding roughly five percent on the day the ITC withdrawal became public, the shares recovered ground, gaining 5.4 percent to change hands at EUR 175.60. Even with that bounce, the picture over the longer stretch remains difficult: the stock is down 23 percent since the start of the year and sits 36 percent below its 52-week high.
For investors, the emphasis now shifts away from short-term trade protections and toward endurance in the courtroom. First Solar is betting that its claims will hold up before federal judges — a venue widely seen as thorough but slow. Until those rulings land, intellectual property enforcement is likely to remain a constant companion to the company's valuation.
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