USITC Ends Patent Probe Against Philadelphia Solar USA, Trina Solar After First Solar Withdrawal
The United States (U.S.) International Trade Commission (USITC) has issued a notice determining not to review an initial determination (ID). This terminated US investigation with respect to respondents Philadelphia Solar USA Inc. and Changzhou Trina Solar Energy Co., Ltd.
The decision follows the withdrawal of the complaint by First Solar, after which the presiding Administrative Law Judge (ALJ) granted a motion to terminate the investigation against Philadelphia Solar USA Inc. and Changzhou Trina Solar Energy Co., Ltd.
Background
The Commission instituted the investigation on March 30, 2026, based on a complaint, as supplemented, filed by First Solar, Inc., of Phoenix, Arizona (91 FR 15632–34, March 30, 2026).
The complaint alleged violations of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), involving the importation into the United States and sale of certain TOPCon solar cells, modules, panels, components, and products containing them. According to the complaint, these products infringed certain claims of U.S. Patent No. 9,130,074.
The complaint also alleged that a domestic industry related to the asserted patent existed or was in the process of being established in the United States. The Commission’s notice of investigation named multiple respondents, including AXITEC, LLC of Radnor, Pennsylvania; AXITEC Energy GmbH & Co. KG of Böblingen, Germany; and other respondents, including Philadelphia Solar USA Inc. and Changzhou Trina Solar Energy Co., Ltd.
On June 8, 2026, First Solar filed a motion to terminate the investigation with respect to Philadelphia Solar USA Inc. and Changzhou Trina Solar Energy Co., Ltd. following the withdrawal of its complaint against the two respondents. On June 18, 2026, the Office of Unfair Import Investigations (OUII) filed a response supporting the motion.
Subsequently, on June 24, 2026, the ALJ issued Order No. 17, granting the motion to terminate the investigation against the two respondents. No petitions seeking review of the initial determination were filed.
The Commission has now determined not to review the ALJ’s initial determination, formally terminating Philadelphia Solar USA Inc. and Changzhou Trina Solar Energy Co., Ltd. from the investigation. The Commission voted on this determination on July 24, 2026.
The authority for the Commission’s determination is contained in Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR Part 210).