On July 14, 2021, the ITC issued a Notice of Investigation in Certain Silicon Photovoltaic Cells and Modules With Nanostructures, and Products Containing the Same (Inv. No. 337-TA-1271).
By way of background, this investigation is based on a June 11, 2021 complaint (see Part I, Part II) filed by Advanced Silicon Group Technologies, LLC of Lowell, Massachusetts ("ASGT") alleging a violation of section 337 by 28 respondents associated with Canadian Solar, Hanwha (Korea), and Boviet (Vietnam) in the unlawful importation and/or sale in the U.S. of certain silicon photovoltaic cells and modules with nanostructures, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,450,599 ("the '599 patent"); U.S. Patent No. 8,852,981 ("the '981 patent"); U.S. Patent No. 9,601,640 ("the '640 patent"); U.S. Patent No. 9,768,331 ("the '331 patent"); U.S. Patent No. 10,269,995 ("the '995 patent"); and U.S. Patent No. 10,692,971 ("the '971 patent").
According to the complaint, the '599 patent relates to an improved version of a photovoltaic (solar) cell; the '981 and '640 patents relate to an improved process for forming electrical contacts on nanostructured silicon surfaces; the '331 patent relates to a nanostructured silicon device with screen printed electrical contacts; the '995 patent relates to a silicon device with nanostructures disposed on the surface of the substrate; and the '971 patent relates to a chemical process for forming nanostructures on the surface of a polycrystalline silicon (i.e., polysilicon) substrate. The accused products are silicon photovoltaic cells and modules in which at least one surface of the photovoltaic cell has nanostructures, nanowires, or both. ASGT is requesting that the Commission issue limited exclusion orders and permanent cease-and-desist orders directed to respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ David P. Shaw will preside in the investigation.
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