Solaria now Files ITC Complaint Against Canadian Solar

On the heels of its lawsuit filed in March against Canadian Solar in a US District Court, Solaria has now filed additional claims against Canadian Solar with the ITC.

On the heels of its lawsuit filed in March against Canadian Solar Inc. (CSIQ) in the US District Court for the Northern District of California, Solaria Corporation, a US company based in Fremont, California, has announced it filed additional claims against Canadian Solar with the International Trade Commission (ITC).

“Solaria has over 250 patents and has invested more than USD 200 million in developing our advanced solar panel technology,” said Solaria Founder and Director Suvi Sharma. “Despite our pending District Court case, Canadian Solar continues to wilfully misappropriate Solaria’s intellectual property. It’s unfair that an infringing company can swoop in, as Canadian Solar has done here, use our patented inventions, and threaten American jobs. We filed the ITC complaint because Canadian Solar deems itself above the law, and its anti-competitive behaviour must be remedied.”

According to Solaria’s complaint, Canadian Solar’s “HiDM” shingled modules infringe Solaria’s U.S. patents that cover tiled or so-called “shingled” solar modules, as well as Solaria’s patented process for separating photovoltaic (PV) strips from solar cells for use in such modules. Solaria asserts that it introduced its high-efficiency, high-density module (HDM) technology to Canadian Solar when representatives of Canadian Solar evaluated Solaria’s next generation shingling technology for a potential licensing deal. Shortly thereafter, Canadian Solar launched its HiDM shingled modules and began advertising and selling them in the United States. Solaria is seeking an exclusion order that would prevent Canadian Solar from importing infringing products into the US.

“Solaria has spent years researching and developing our technology,” explained Solaria CEO Tony Alvarez. “Numerous companies in the industry, including ones from China, have recognized the value of Solaria’s IP by licensing Solaria’s technology. To protect ourselves and our valued partners, Solaria will actively defend our IP against any infringers.”

The ITC is expected to review the matter and begin an investigation within 30 days. If the ITC’s investigation finds that the accused Canadian Solar products infringe Solaria’s patents, it will issue an exclusion order, which will prevent Canadian Solar from importing and selling shingled modules in the US and from installing or servicing the infringing imported shingled modules.

In March, Solaria had filed suit against Canadian Solar, a leading Chinese solar panel manufacturer, in the Federal District Court for the Northern District of California for infringing Solaria’s US patent that covers a process for separating photovoltaic (PV) strips from solar cells for use in “shingled” solar modules.

Canadian Solar at the time had responded to the complaint. Stating that “Canadian Solar believes that the claims in Solaria’s complaint are meritless and unfounded. Canadian Solar is working closely with its legal counsel and will vigorously defend against the claims made by Solaria.”

It had further added that as one of the world’s largest solar power companies, the company respects and takes very seriously intellectual property rights. Canadian Solar Inc was founded in 2001 and has continually invested in R&D to build its innovation leadership and provide customers with the highest yield and lowest LCOE systems.

“The Company has received 95 patents in various countries for its shingled-cell designs and inventions, with an additional 75 patent applications pending review. The Company has received an additional 1,519 patents for its other innovations in the area of solar power generation and storage,” it stated.