BYD seeks declaratory judgment against First Solar following ITC complaint withdrawal, challenges patent ownership

Context:

• United States-based photovoltaic (PV) module maker First Solar launched a patent enforcement campaign in late 2024 targeting numerous competitors in U.S. district courts (December 8, 2024 ip fray article).
• These district court cases were stayed pending the outcome of a U.S. International Trade Commission (ITC) complaint filed by First Solar in February 2026, which named several of the same defendants as respondents, in addition to other companies.
• Last week, First Solar announced that it intends to voluntarily withdraw its ITC complaint “without prejudice to refiling at a later date” in what it calls a “recalibration” of its patent enforcement strategy (September 15, 2026 First Solar press release).