Untitled case

This is an active patent infringement investigation before the U.S. International Trade Commission (ITC), designated as 337-TA-1422, which has been consolidated with investigation 337-TA-1425. The complainant, Trina Solar (U.S.), Inc., Trina Solar US Manufacturing Module 1, LLC (now T1 G1 Dallas Solar Module (Trina) LLC), and Trina Solar Co., Ltd. (collectively, "Trina"), are operating companies in the solar energy sector. Trina alleges that various respondents are importing and selling certain TOPCon solar cells, modules, panels, components thereof, and products containing the same that infringe its patents. The respondents initially included numerous entities such as Runergy USA Inc., Runergy Alabama Inc., Jiangsu Runergy New Energy Technology, Co., Ltd., Adani Solar USA Inc., Adani Green Energy Ltd., CSI Solar Co., Ltd., Canadian Solar Inc., Canadian Solar (USA) Inc., Canadian Solar Manufacturing (Thailand) Co., Ltd., Canadian Solar US Module Manufacturing Corporation, and Recurrent Energy Development Holdings, LLC. Mundra Solar PV Ltd. was later added as a respondent.

The primary patent asserted in this investigation is U.S. Patent No. 9,722,104, titled "Solar cell and method for manufacturing the same." This patent generally describes a solar cell structure that includes a semiconductor substrate with a tunnel layer, first and second conductive type semiconductor regions, and passivation films and electrodes connected through openings in these films to collect separated electron-hole pairs for power generation. Another patent, U.S. Patent No. 10,230,009, also titled "Solar cell and method for manufacturing the same," was also initially asserted, but specific claims from both patents were later withdrawn. The accused products are "TOPCon solar cells, modules, panels, components thereof, and products containing the same."

The case is being heard by the International Trade Commission, which is a significant venue for intellectual property disputes due to its ability to issue exclusion orders blocking infringing products from entering the U.S. market, as well as cease and desist orders. ITC investigations are known for their expedited timelines, often concluding within 15-18 months from complaint to final ruling, which is much faster than typical district court litigation. The ITC has in rem jurisdiction over imported articles, meaning it can halt imports without needing personal jurisdiction over foreign parties. To prevail, a complainant must also demonstrate the existence of a domestic industry relating to the asserted patents. The investigation was consolidated with 337-TA-1425 on January 21, 2025, and a target date of April 20, 2026, was initially set for the consolidated investigations, although the investigation was terminated in its entirety on February 10, 2026, after the presiding administrative law judge granted the parties' joint motion to terminate. The noteworthiness of this case stemmed from its focus on TOPCon solar cell technology, a dominant n-type solar cell technology, and the large number of respondents, indicating a significant industry-wide dispute over critical solar energy components. Furthermore, related inter partes reviews (IPRs) were filed against both asserted patents by some of the respondents.

Key Legal Developments and Outcome for ITC Inv. No. 337-TA-1422

This patent infringement litigation, U.S. International Trade Commission (ITC) Investigation No. 337-TA-1422, concerned "Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same." The investigation, which involved U.S. Patent No. 9,722,104, was terminated in its entirety on February 10, 2026, based on a joint motion by the parties.

Filing & Initial Pleadings

The complaint initiating Investigation No. 337-TA-1422 was filed with the U.S. International Trade Commission on September 30, 2024. The complainants were Trina Solar (U.S.), Inc. of Fremont, CA, Trina Solar US Manufacturing Module 1, LLC of Wilmer, TX, and Trina Solar Co., Ltd. of China (collectively, "Trina"). A supplement to the complaint was filed on October 17, 2024. The complaint alleged violations of Section 337 of the Tariff Act of 1930 based on the importation, sale for importation, and sale within the United States after importation of certain TOPCon solar cells, modules, panels, components thereof, and products containing the same, by reason of infringement of claims 1-11 of U.S. Patent No. 9,722,104 and claims 1-17 of U.S. Patent No. 10,230,009. The complaint also alleged the existence of a domestic industry.

The ITC voted to institute the investigation on November 5, 2024. The initial respondents named in the investigation included Runergy USA Inc., Runergy Alabama Inc., Jiangsu Runergy New Energy Technology, Co., Ltd., Adani Solar USA Inc., Adani Green Energy Ltd., CSI Solar Co., Ltd., Canadian Solar Inc., Canadian Solar (USA) Inc., Canadian Solar Manufacturing (Thailand) Co., Ltd., and Canadian Solar US Module Manufacturing Corporation. Answers to the complaint were filed by various respondents between November 26, 2024, and February 14, 2025.

Pre-trial Motions of Substance

• Consolidation: On January 21, 2025, Investigation No. 337-TA-1422 was consolidated with Investigation No. 337-TA-1425.
• Termination and Amendment of Parties: On January 14, 2025, an Initial Determination (Order No. 8) was issued, granting Trina's unopposed motion to terminate the investigation as to respondent Adani Green Energy Ltd. based on withdrawal of the complaint, and to amend the complaint to add Mundra Solar PV Ltd. as a respondent. The Commission determined not to review this ID on January 31, 2025, and Adani Green Energy Ltd. was officially terminated on February 3, 2025.
• Target Date Amendment: An Initial Determination (Order No. 9) issued on January 15, 2025, amended the target date to complete the investigation to May 20, 2026. The Commission determined not to review this ID on February 12, 2025.
• Corporate Name Change: On June 17, 2025, the Commission determined not to review an initial determination granting complainants' motion to amend the complaint and notice of investigation to reflect a corporate name change for Trina Solar US Manufacturing Module 1, LLC to T1 G1 Dallas Solar Module (Trina) LLC.
• Partial Termination of Claims: On November 19, 2025, an Initial Determination (Order No. 35) was issued, granting Trina's unopposed motion to terminate the investigation in part by withdrawing claims 2-5 and 9-10 of the '104 patent and claims 2, 3, 5, 7, 11-13, and 16 of the '009 patent. The Commission determined not to review this ID on December 9, 2025.

Claim Construction (Markman) Outcomes

No specific Markman order or detailed claim construction ruling was publicly reported for this investigation, likely due to its termination prior to such a stage.

Discovery Milestones with Strategic Significance

Public records do not detail specific discovery milestones of strategic significance beyond the information gathered regarding the amendment of the complaint to add Mundra Solar PV Ltd. based on new information obtained during discovery.

Trial Events, Verdict, and Post-Trial Motions

The investigation was terminated before reaching the trial stage; therefore, there were no trial events, verdicts, or post-trial motions.

Settlement, Dismissal, Judgment, or Appeal

On January 15, 2026, the presiding Administrative Law Judge issued an Initial Determination (Order No. 40) granting the parties' joint motion to terminate the investigation in its entirety. The ID found that the motion complied with Commission Rule 210.21(a)(1) and that termination was in the public interest. The Commission determined not to review this ID, and the investigation was terminated in its entirety on February 10, 2026.

Parallel PTAB IPR/PGR Proceedings

Several Inter Partes Review (IPR) proceedings were filed with the Patent Trial and Appeal Board (PTAB) against U.S. Patent No. 9,722,104 and U.S. Patent No. 10,230,009.

• For U.S. Patent No. 9,722,104:

  • IPR2025-00186: Mundra Solar PV Ltd. v. Trina Solar Co Ltd, filed on November 22, 2024.
  • IPR2025-00918: Canadian Solar USA Inc. v. Trina Solar Co Ltd, filed on April 28, 2025.

• For U.S. Patent No. 10,230,009:

  • IPR2025-00187: Mundra Solar PV Ltd. v. Trina Solar Co Ltd, filed on November 22, 2024.
  • IPR2025-00917: Canadian Solar USA Inc. v. Trina Solar Co Ltd, filed on April 28, 2025.

The specific outcomes of these IPRs (institution decisions, final written decisions) and their direct effect on the joint motion to terminate the ITC investigation are not explicitly detailed in the provided search results. However, the termination of the ITC investigation occurred after these IPRs were filed.

The complainants in the now-terminated International Trade Commission (ITC) Investigation No. 337-TA-1422, involving U.S. Patent No. 9,722,104, were Trina Solar (U.S.), Inc., Trina Solar US Manufacturing Module 1, LLC, and Trina Solar Co., Ltd. (collectively, "Trina"). The investigation was terminated in its entirety on February 10, 2026, based on a joint motion by the parties.

While the case is no longer active, the counsel representing Trina Solar during the investigation included attorneys from Mayer Brown LLP.

Based on publicly available information and typical ITC practice, the following attorneys and their roles are likely:

• Firm: Mayer Brown LLP
  • Mayer Brown is known for its extensive experience in Section 337 investigations at the ITC, representing both complainants and respondents. They guide clients through the accelerated procedures and seek remedies like exclusion orders.
  • Attorneys (likely lead counsel): Specific individual attorneys for Trina Solar from Mayer Brown LLP are not explicitly named in the provided search snippets. However, based on their firm's prominent role in ITC litigation, they would have served as lead counsel for the complainant.

Further detailed information regarding specific attorneys' office locations or a one-line note on their individual patent litigation experience or notable past cases beyond their firm's general profile would require access to the full, non-confidential docket filings for 337-TA-1422 or more specific attorney profile searches. Such detailed information is not readily available in the provided search results. Filings are typically publicly available via the ITC's Electronic Document Information System (EDIS), but direct access to specific appearances was not yielded by the general web search.

Washington, D.C. - The International Trade Commission (ITC) Investigation No. 337-TA-1422, titled "Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same," which was initiated on November 5, 2024, and terminated in its entirety on February 10, 2026, involved multiple respondents. In ITC Section 337 actions, respondents are analogous to defendants in other legal proceedings.

One of the key respondents in this investigation was Adani Solar USA Inc., which was represented by the firm Paul Hastings.

As of the termination of the investigation, the following counsel appeared for respondent Adani Solar USA Inc.:

• Firm: Paul Hastings
• Office Location: While specific office locations for the individual attorneys representing Adani Solar USA Inc. are not explicitly stated in the provided snippets, Paul Hastings is a global firm with multiple offices.
• Attorneys (details to be confirmed with further search for specific roles and experience): The initial search identifies Paul Hastings as the participant representative for Adani Solar USA Inc. To provide specific attorney names, roles, and experience, additional searches are required, focusing on Paul Hastings' representation in 337-TA-1422.

Given the case's termination in February 2026, the available public records might not always highlight every attorney's specific role (e.g., lead counsel, of counsel) without direct access to the full docket. The initial search indicated that Paul Hastings represented Adani Solar USA Inc. Further in-depth research would be necessary to identify individual attorneys from Paul Hastings who specifically appeared in this investigation for Adani Solar USA Inc. and to detail their specific roles and relevant experience. Information for other respondents' counsel would also require additional targeted searches.