White & Case Secures Rare ITC Reversal for Voltage in Patent Infringement Dispute

Global law firm White & Case LLP secured a significant win with the International Trade Commission (ITC), which issued a final determination finding "no violation" of section 337 for Voltage LLC in its ongoing patent infringement dispute with Shoals Technologies Group. This decision terminates this ITC investigation over certain photovoltaic connectors and components—solar power technology—and reverses the administrative law judge's final initial determination finding a violation on the remaining patent at issue in the case.

The ITC's finding of "no violation" gives White & Case a clean sweep victory for Voltage regarding the three patents under dispute in this investigation, demonstrating the success of the team's multi-faceted defense strategy. With this win, Voltage can continue to sell its solar technology to customers and remain competitive in the US solar technology market.

White & Case was hired by North Carolina-based solar EBOS-solution company Voltage to defend it in a significant ITC matter brought by Shoals, another provider of solar EBOS-solutions. Shoals filed the ITC complaint in May 2023, asserting two patents related to photovoltaic connectors used in utility-scale solar installations. In July 2023, Shoals amended its complaint to add a newly issued third patent that was a continuation of one of the original asserted patents.

Voltage turned to the White & Case team to ensure it can continue to compete in the US market with its own innovative products. In an unusual early determination from the ITC, one of the two original patents was knocked out on summary determination when White & Case demonstrated that Shoals does not practice that patent and, therefore, cannot satisfy the domestic industry requirement. The initial win was significant, as it eliminated one of two accused product groups from the case.

Shoals appealed that decision, and then Shoals moved to stay the appeal. After White & Case defeated that motion, Shoals abandoned its appeal, thereby finalizing the ITC's decision.

Back at the ITC, the White & Case team secured a claim construction that resulted in Shoals dropping the other originally asserted patent, leaving only one patent left for the evidentiary hearing. Following trial in March 2024, the ALJ released her decision in August, finding a violation by the original Voltage design, but clearing an alternative design of any liability. The parties petitioned for review.

On January 14, the Commission issued a notice of final determination revising the claim construction of a key claim term, which flipped the ALJ's initial determination of violation by the original design into a Commission final determination of no violation, due to findings that Voltage does not infringe the asserted patent and Shoals does not practice it.

The team continues to defend Voltage in a parallel district court action in the Middle District of North Carolina that is currently stayed.

The White & Case team representing Voltage is led by Global Head of IP Yar Chaikovsky and partner Philip Ou (both in Silicon Valley), partner Jordan Coyle (Washington, DC), and includes partner Bruce Yen (Silicon Valley), and associates Yolanda Xu, Sojung Yun, Brady Schoenlein and Radhesh Devendran (all in Silicon Valley).

Press contact
For more information please speak to your local media contact.