After an ordeal of almost two years, some answers have been found in the TOPCon intellectual patent lawsuit between Maxeon and Canadian Solar.
In March 2024, Maxeon alleged that Canadian Solar had infringed three patents related to the production of TOPCon solar panels: patent nos. 8,222,516 (the ‘516 patent), 8,878,053 (the ‘053 patent), and 11,251,315 (the ‘315 patent).
- ‘516 patent: solar cell with front contact and shaped transmitter
- ‘053 patent: solar cell with front contact and shaped transmitter
- ‘315 patent: Solar cells with improved lifespan, 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 USPTO’s final decision reaffirms that Canadian Solar’s technology and legal teams have always been committed to protecting both our own intellectual property and that of our colleagues,” said Colin Parkin, president of Canadian Solar. “At the same time, we strongly oppose the misuse or weaponization of patents – especially those without patentability or practical value – which can distort competition and hinder true innovation.”
Results of the appeal committee:
- ‘516 patent: Canadian Solar has shown that some parts of the patent are unpatentable, but not all.
- ‘053 patent: Canadian Solar has shown that all claims on the patent are unpatentable.
- ‘315 patent: Canadian Solar has shown that all claims on the patent are unpatentable.
All three patents are also referenced in patent infringement lawsuits filed by Maxeon against Hanwha and REC.
