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First Solar Initiates Legal Action Against JinkoSolar for Infringement of TOPCon Technology Patents

By: via Business Wire

First Solar, Inc. (Nasdaq: FSLR) (“First Solar”) today announced the filing of a lawsuit against Shanghai-headquartered JinkoSolar and its related entities alleging infringement of First Solar’s US Patent No. 9,130,074 (the “‘074 Patent”). The ‘074 Patent covers methods of manufacturing Tunnel Oxide Passivated Contact (“TOPCon”) crystalline silicon (“c-Si”) photovoltaic (PV) solar cells. The lawsuit was filed in the United States District Court for the District of Delaware.

First Solar obtained the US TOPCon patents and related international counterparts through its 2013 acquisition of TetraSun, Inc. The patents include issued patents in the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam with validities extending to 2030 and beyond. The portfolio also includes pending patent applications in the European Union, Japan, Hong Kong, United Arab Emirates, and Vietnam. In July 2024, First Solar announced its ownership of the TOPCon technology patent portfolio and the launch of infringement investigations against several leading crystalline silicon solar cell manufacturers.

“We’ve been clear that we will actively defend our intellectual property rights in the US and internationally. Unfortunately, our interaction with JinkoSolar has been unproductive and left us with no choice but to enforce our patent rights through legal action,” said Jason Dymbort, Executive Vice President, General Counsel and Secretary, First Solar. “Given the responses we received from other solar cell manufacturers in connection with our infringement investigations, we believe we have a strong TOPCon technology patent portfolio. We expect that our lawsuit against JinkoSolar will reiterate the need for TOPCon solar cell manufacturers to operate within the well-defined framework of intellectual property law.”

About First Solar, Inc.

First Solar, Inc. is America's leading PV solar technology and manufacturing company. The only US-headquartered company among the world's largest solar manufacturers, First Solar is focused on competitively and reliably enabling power generation needs with its advanced, uniquely American thin film PV technology. Developed at research and development (R&D) labs in California and Ohio, the Company's technology represents the next generation of solar power generation, providing a competitive, high-performance, and responsibly produced alternative to conventional crystalline silicon PV modules. For more information, please visit www.firstsolar.com.

Cautionary Statement Regarding Forward-Looking Statements

This press release contains various “forward-looking statements” which are made pursuant to safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include, but are not limited to, statements concerning: (i) the validities extending to 2030 of patents including issued patents in the United States, Australia, Canada, China, the European Union, Hong Kong, Japan, Mexico, Malaysia, Singapore, South Korea, the United Arab Emirates, and Vietnam; (ii) that we will actively defend our intellectual property rights, (iii) our future plans and areas of focus in relation to patent rights, (iv) the perceived value of patent rights, (v) our positioning to enforce patent rights, and (vi) our investigation of potential infringers. 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 First Solar’s current expectations and First Solar’s 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. First Solar undertakes 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 First Solar’s 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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