Shoals Technologies Group Appeals ITC Reversal Decision to Federal Circuit and Receives Institution in New ITC Action Against Voltage
12 February 2025 - 10:58AM
Shoals Technologies Group, Inc. (Shoals) (Nasdaq: SHLS), a global
leader in electrical balance of system (EBOS) solutions for the
energy transition market, announced today that it has filed a
Petition for Review and Notice of Appeal to the United States Court
of Appeals for the Federal Circuit. The appeal seeks review of the
International Trade Commission (ITC) decision to reverse the
Administrative Law Judge’s (ALJ) prior determination that Voltage’s
LYNX trunk bus products infringe Shoals’ ’153 Patent.
In the filing, Shoals requests that the Federal
Circuit Court of Appeals review and overturn the ITC’s
interpretation of the Shoals ’153 Patent. The review would be on a
“de novo” basis, meaning the court will review the interpretation
without deferring to the ITC’s latest determination. A favorable
appeal should result in the Federal Circuit either finding
infringement or remanding the case to the ITC to apply the ALJ’s
interpretation of the ‘153 Patent. Shoals is confident that under
the proper interpretation, the ALJ’s initial determination finding
that Voltage did in fact violate Section 337 of the Tariff Act of
1930 by importing infringing LYNX trunk bus products into the
United States, will be upheld.
The ITC also announced today that it has decided
to institute a new investigation into Voltage’s infringement of
Shoals’ two newly issued ’375 and ’376 patents as alleged in
Shoals’ complaint filed with the ITC on January 9th. These new
patents relate to an improved trunk bus lead assembly for solar
energy projects, and Shoals believes they provide protection
against both existing designs as well as any alternative designs
that Voltage may create seeking to bypass the original ’153
Patent.
“This appeal and the filing of the new ITC
complaint confirm Shoals’ commitment to enforce our
intellectual property rights and to prevent the illegal importation
of trunk bus lead assemblies that infringe these rights,” Brandon
Moss, CEO of Shoals Technologies Group stated. “We will continue to
protect our American jobs, facilities, production and innovation
from attack by a foreign producer and importer of infringing
products.”
About Shoals Technologies
Group
Shoals Technologies Group is a leading provider
of electrical balance of systems (EBOS) solutions for the energy
transition market. Since its founding in 1996, the Company has
introduced innovative technologies and systems solutions that allow
its customers to substantially increase installation efficiency and
safety while improving system performance and reliability. Shoals
Technologies Group is a recognized leader in the renewable energy
industry. For additional information, please visit:
https://www.shoals.com.
Forward-looking Statements:
This press release contains certain
forward-looking statements, that are based on the Company’s
management’s beliefs and assumptions and on information currently
available to the Company’s management.
These forward-looking statements relate to,
among other things, the outcome and timing of the new patent
infringement case filed with the ITC, as well the Company's
existing patent infringement case filed with the ITC and related
appeal, the Company’s future growth, including growth of the
Company’s IP portfolio, and possible effects on the Company’s
business strategies and operations. Forward-looking statements
include statements that are not historical facts and can be
identified by terms such as “anticipate,” “believe,” “could,”
“estimate,” “expect,” “intend,” “may,” “plan,” “potential,”
“predict,” “project,” “seek,” “should,” “will,” “would” or similar
expressions and the negatives of those terms.
Forward-looking statements involve known and
unknown risks, uncertainties and other factors that may cause the
Company’s actual results, performance, or achievements to be
materially different from any future results, performance or
achievements expressed or implied by the forward-looking
statements. Some of the key factors that could cause actual results
to differ from the Company’s expectations include, among other
things; we are subject to risks associated with the appeal filed
with the Court of Appeals for the Federal Circuit and the patent
infringement complaints that we filed with the U.S. International
Trade Commission and District Courts; if we fail to, or incur
significant costs in order to, obtain, maintain, protect, defend or
enforce our intellectual property and other proprietary rights,
including those that are subject to the patent infringement actions
we filed with the Federal Circuit, ITC and District Courts, our
business and results of operations could be materially harmed;
changes in the U.S. trade environment, including the imposition of
trade restrictions, import tariffs, anti-dumping and countervailing
duties could adversely affect the amount or timing of our revenue,
results of operations or cash flows; and the market for our
products is competitive, and we may face increased competition as
new and existing competitors introduce EBOS system solutions and
components, which could negatively affect our results of operations
and market share.
These and other important risk factors are
described more fully in the Company’s most recent Annual Report on
Form 10-K and subsequent Quarterly Reports on Form 10-Q and other
documents filed with the Securities and Exchange Commission and
could cause actual results to vary from expectations. Given these
uncertainties, you should not place undue reliance on
forward-looking statements. Also, forward-looking statements
represent the Company’s management’s beliefs and assumptions only
as of the date of this report. You should read this report with the
understanding that the Company’s actual future results may be
materially different from what the Company expects. Except as
required by law, the Company assumes no obligation to update these
forward-looking statements, or to update the reasons actual results
could differ materially from those anticipated in these
forward-looking statements, even if new information becomes
available in the future.
Media RelationsLindsey
Williams, VP of Marketing and External
CommunicationsLindsey.williams@shoals.com
Investor Relations Matt
Tractenberg, VP of Finance and Investor Relations
investors@shoals.com
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