JinkoSolar says USPTO decision ‘divorced from the merits’

A spokesperson for JinkoSolar (JKS) said in a statement: “The USPTO’s decision not to institute review was based solely on discretionary grounds, which are wholly divorced from the merits of our challenge. While we respectfully disagree with that discretionary denial, we remain confident that when the Federal District Court considers a full, merits-based review, it will find that the First Solar patent involved is invalid.” On January 20, First Solar (FSLR) announced that the Director of the United States Patent and Trademark Office denied three separate inter partes review applications seeking to invalidate the company’s tunnel oxide passivated contact patents through a review process. The IPRs were filed by JinkoSolar, Mundra Solar, and Canadian Solar (CSIQ) in 2025, and were declined on November 20, December 11, and December 18, respectively, according to First Solar.