Canadian Solar, Inc. v. Maxeon Solar Pte. Ltd.

N
OTE: This order is nonprecedential.

United States Court of Appeals
for the Federal Circuit
______________________
CANADIAN SOLAR, INC.,
Appellant

v.

MAXEON SOLAR PTE. LTD.,
Appellee
______________________

2026-1525
______________________

Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2024-
01039.
______________________

ON MOTION
______________________
Before L
OURIE, PROST, and REYNA, Circuit Judges.
P
ER CURIAM.
O R D E R
In response to a patent infringement suit brought by
Maxeon Solar PTE. Ltd., Canadian Solar, Inc. (“CSI”) com-
menced the underlying inter partes review (“IPR”) proceed-
ing. CSI appeals from the Patent Trial and Appeal Board’s
decision that claim 12 of U.S. Patent No. 8,222,516 was not
Case: 26-1525 Document: 13 Page: 1 Filed: 08/12/2026

CANADIAN SOLAR, INC. v. MAXEON SOLAR PTE. LTD. 2
shown to be unpatentable. Maxeon now moves to dismiss
the appeal as moot in view of its “unilateral covenant not
to sue” CSI for infringement. ECF No. 6 at 21. CSI does
not oppose dismissal but requests vacatur, which Maxeon
opposes.
“Vacatur is in order when mootness occurs
through . . . the unilateral action of the party who pre-
vailed” before the originating tribunal. Arizonans for Off.
Eng. v. Arizona, 520 U.S. 43, 71–72 (1997) (cleaned up).
Here, CSI’s appeal became moot based on Maxeon’s unilat-
eral actions. We therefore dismiss the appeal as moot and
vacate the relevant portion of the Board’s decision. We see
no need to go further and order the Board to dismiss the
petition insofar as it challenged claim 12. See MemoryWeb,
LLC v. Samsung Elecs. Co., No. 2024-1315, 2025 WL
3494918, at *2 (Fed. Cir. Dec. 5, 2025).
Accordingly,
I
T IS ORDERED THAT:
(1) The motions are granted to the extent the appeal is
dismissed as moot and the final written decision is vacated
as to claim 12 of the ’516 patent.
(2) Each party shall bear its own costs.

August 12, 2026
Date
FOR THE COURT

Case: 26-1525 Document: 13 Page: 2 Filed: 08/12/2026