The ITC’s Section 337 investigation process requires at least 16 months to reach a Final Determination. Since the ITC just instituted the investigation on October 31, 2024, the final determination is not expected until February 2026. The process involves multiple stages, including expert reports, witness statements, evidentiary hearing, and initial determination. The so-called “setting of the investigation’s end date within 45 days after institution” refers to the ITC setting February 2026 as the target date for the final determination; it does not imply that the investigation will conclude within 45 days.
The phrase “effective as a final ruling on the 60th day after the date of publication” means that if the ITC’s final determination in February 2026 finds a violation of Section 337, the exclusion order will take effect 60 days after the final determination date. If the final determination finds no violation of Section 337, the case will be dismissed, and the 60-day period will not apply. No exclusion or cease-and-desist orders will be issued before the ITC’s final determination.
Therefore, the references to the 45-day and 60-day periods above are taken out of context and could seriously mislead readers unfamiliar with ITC procedures.
On October 8, 2024, Runergy filed petitions with the United States Patent and Trademark Office (USPTO) to cancel Trina’s two involved patents (through the IPR process). Runergy has substantial evidence indicating that these patents could not be patentable for attempting to cover TOPCon solar cells with only obvious variations already known in the prior art. A final decision in the IPR process is expected in March 2026. If the IPR process cancels Trina’s patents, it could terminate or nullify Trina’s ITC proceedings.