Patent complaint roundup: Trinasolar vs. Canadian Solar, Tigo vs. SMA, Voltage vs. Shoals
The solar industry is territorial. Governments are paying close attention to the country of origin of nearly every component, and manufacturers are keeping close watch on intellectual property. Here’s an update on current, notable patent fights.
Trinasolar complaints head to International Trade Commission
The United States International Trade Commission (ITC) voted to institute an investigation as to Trinasolar’s patent infringement complaint against a number of Canadian Solar, Inc. entities as well as Runergy and Adani.
Trina filed the complaint against Canadian Solar on October 23, 2024, and the U.S. government ordered an investigation of whether Canadian Solar is in violation of Section 337 of the Tariff Act of 1930. In particular, the investigation will examine whether Canadian Solar infringed Trina’s TOPCon (Tunnel Oxide Passivated Contact) solar cell technology patents.
Trina has requested that the ITC issue a Limited Exclusion Order to bar importation and Cease and Desist Orders to bar further sales and marketing in the United States, of solar cells, modules, panels and components that infringe Trina’s patents.
Trinasolar filed a similar claim against Runergy and Adani on Sept. 30, 2024, the U.S. government ordered an investigation of whether are in violation of Section 337 of the Tariff Act of 1930. In particular, the investigation will examine whether Runergy and Adani have infringed Trina’s TOPCon (Tunnel Oxide Passivated Contact) solar cell technology patents. Trina has requested that the ITC issue a Limited Exclusion Order to bar importation, and Cease and Desist Orders to bar further sales and marketing in the United States, of solar cells, modules, panels and components that infringe Trina’s patents.
In addition to this action at the ITC, Trinasolar has filed a separate patent infringement suit relating to TOPCon technology pending against Canadian Solar in the District of Delaware. Trinasolar is also seeking injunctive relief in a separate ITC investigation as to patent infringement of TOPCon technology that was instituted on November 5, 2024, against a number of Runergy and Adani entities.
USPTO rejects SMA challenge
The U.S. Patent and Trademark Office (USPTO) rejected SMA Solar Technology AG’s challenge to Tigo’s U.S. Patent No. 9,584,021, which covers a power-supply design for module-level power electronics (MLPE) technology that addresses false-start problems when solar systems are powering up.
This latest USPTO ruling follows other rulings that solidify Tigo’s intellectual property. Tigo has successfully defended patents integral to its MLPE technology, including U.S. Patent Nos. 9,966,848 and 10,333,405. These three patents are part of Tigo’s ongoing patent-infringement dispute with SMA in the U.S. District Court for the District of Delaware.
Tigo products, patents, and licensees related to rapid shutdown systems are listed on the Tigo Virtual Patent Marking for Rapid Shutdown Devices webpage.
ITC reviewing Voltage alternative LYNX design
Voltage has been locked in a dispute with Shoals regarding its LYNX design. Shoals claimed the LYNX design infringed on its Big Lead Assembly (BLA) patents and received a favorable ruling from the ITC on Aug. 30.
But Voltage has an alternative LYNX design that they say does not infringe on the Shoals patent. In November, the ITC issued its notice determining what issues from the judge’s initial determination (ID) to review and declined Shoals’ request to review the finding that Voltage’s alternative LYNX design (AD) does not infringe Shoals’ patent.
This decision means Voltage can continue delivering its LYNX products to U.S. customers. Meanwhile, in this re-review, ITC decided to review whether Voltage’s original LYNX design can continue to be imported.
The ITC’s decision to review extends the investigation timeline, with the earliest possible final decision being made on January 15, 2025.
“We are tremendously pleased that the ITC affirmed our alternative LYNX design does not infringe, while reviewing the decision on the original LYNX,” said Jurgen Krehnke, president of Voltage. “No matter the outcome, Voltage will continue to deliver high-quality products to our customers without interruption.”
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