First Solar, Inc. (Nasdaq: FSLR) (“First Solar” or “the Company”) today announced a recalibration of its intellectual property (IP) enforcement strategy and its intent to voluntarily withdraw its Section 337 complaint and move to terminate the investigation currently pending before the US International Trade Commission (USITC) without prejudice to refiling at a later date. The Company will continue pursuing its existing TOPCon patent lawsuits in US District Court, including cases against affiliates of Canadian Solar, Jinko Solar, T1 Energy, and Trina Solar, which were stayed pending the results of the Section 337 investigation. The Company also intends to continue its efforts to enforce its global patent portfolio against other manufacturers it believes infringe on its TOPCon patent portfolio, a process it paused following its Section 337 complaint.

The decision follows the Trump Administration’s recent national security action on imports of polysilicon and its derivatives under Section 232 of the Trade Expansion Act, a move aimed at loosening China’s grip on a critical supply chain.

“The Trump Administration’s Section 232 action helps level the playing field at the border, and we are more determined than ever to enforce our IP rights and defend the rule of law here at home,” said Jason Dymbort, general counsel, First Solar. “This is a procedural decision that clears the way for our pending suits to move forward and for additional suits we anticipate filing, and we will continue to pursue any bad actors that infringe our patents.”

Dymbort added, “We appreciate the Commission’s consideration of our complaint and the professionalism and diligence its staff has brought to this investigation.”

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 intention to license and enforce the TOPCon technology patent portfolio and the launch of infringement investigations against several leading crystalline silicon solar cell manufacturers.

First Solar operates the largest solar technology manufacturing and research and development (R&D) footprint in the Western Hemisphere with five operational manufacturing facilities in Alabama, Louisiana, and Ohio, and a sixth plant under construction in South Carolina, the first phase of which is expected to begin operations in the second half of 2026. By the end of 2026, the Company expects to have invested over $5 billion in American manufacturing and R&D infrastructure since 2019, and by 2027 it forecasts approximately 17 gigawatts (GW) of US module manufacturing capacity, none of which has any dependence on Chinese crystalline silicon supply chains.

A study commissioned by First Solar and conducted by the University of Louisiana at Lafayette, released earlier this year, estimated that the Company supported nearly 30,000 American jobs and $3.0 billion in labor income in 2025, while contributing approximately $5.8 billion to US gross domestic product (GDP). The analysis projects that by 2027 the Company will support more than 39,000 jobs and $4.0 billion in labor income and contribute approximately $7.8 billion to US GDP.

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 provides 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 Company’s intent to continue pursuing existing TOPCon patent lawsuits; (ii) the Company’s intent to continue its efforts to enforce its intellectual property rights; (iii) plans to establish a new production facility in South Carolina; (iv) expectations that the first phase of the facility will begin production in the second half of 2026; (v) expectations that First Solar will have a total US nameplate capacity of approximately 17 GW by 2027; and (vi) our expectation that First Solar will have invested over $5 billion in American manufacturing and R&D infrastructure from 2019 to 2026. 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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