The investigation

The Commission instituted the investigation on February 21, 2025 on a complaint by Syensqo SA of Brussels, Belgium, and two companies now named Syensqo Specialty Polymers USA, LLC of Alpharetta, Georgia and Syensqo Specialty Polymers Italy S.P.A. of Bollate, Italy, which filed as Solvay entities. The complaint alleged infringement of claims 1-7, 10, and 12 of U.S. Patent 8,337,725; claims 8 and 9 were added in July 2025, and claim 7 was later terminated. The named respondents were Inner Mongolia 3F Wanhao Fluorochemical Industry Co. Ltd., since terminated; Zhejiang Juhua Co., Ltd.; Zhejiang Fluorine Chemical New Material Co. Ltd. and Hubei Fluorine New Materials Co., Ltd. (together, Fluorine); and Sinochem Lantian Co., Ltd. The Office of Unfair Import Investigations is not participating.

Juhua left the investigation in November 2025 after the ALJ granted summary determination of no importation or sale for importation as to it, but on February 11, 2026 the Commission reversed those orders and reinstated Juhua. The ALJ held an evidentiary hearing December 8-12, 2025 and a supplementary hearing on May 6, 2026.

The patent

U.S. Patent 8,337,725 is titled "Vinylidene Fluoride Copolymers." Claim 1 covers a linear semi-crystalline copolymer of vinylidene fluoride and at least one hydrophilic (meth)acrylic monomer of a recited formula, with 0.05 to 10 mole percent of units from that monomer and at least 40% of those units randomly distributed.

The final initial determination

According to the Commission's notice, the August 7, 2026 final initial determination found a violation based on infringement of claims 1, 3, 6, 8, and 9 by all accused products; importation of one accused product by Fluorine and no importation of any other accused product; no proof that any asserted claim is invalid; the technical prong of the domestic industry requirement met for claims 1, 3, and 6; and an economic domestic industry in the process of being established under section 337(a)(2). The notice states that, because the determination does not find importation by Juhua or Sinochem, it does not find a violation as to them. The ALJ recommended a limited exclusion order with a standard certification provision and a bond of 4.5 percent of the value of infringing imports during Presidential review.

What the Commission is reviewing

The Commission will review the findings that the asserted claims are not invalid for indefiniteness or for lack of written description, and the findings on importation or sale for importation as to Juhua, Sinochem, and Fluorine. It will not review the rest of the determination. It asks the parties to brief whether the term "sale for importation" requires actual or constructive knowledge of the importation, with reference to the statute, legislative history, and precedent, and whether the asserted claims are indefinite under 35 U.S.C. 112 in light of the parties' electrode-based and acetone-based arguments, including whether the determination correctly focused on the global maximum rate of change rather than local maximum rates of change in the relevant titrations.

The Commission also invited submissions on remedy, the public interest, and bonding, under 19 U.S.C. 1337. Initial submissions and proposed remedial orders are due November 6, 2026, and replies are due November 13, 2026.

Related litigation

On February 18, 2025, the two Fluorine respondents, Zhejiang Fluorine Chemical New Material Co., Ltd. and Hubei Fluorine New Materials Co., Ltd., sued complainant Solvay Specialty Polymers Italy S.P.A. in the Northern District of California for a declaratory judgment that they do not infringe the '725 patent, Zhejiang Fluorine Chemical New Material Co., Ltd. v. Solvay Specialty Polymers Italy S.P.A., No. 3:25-cv-01664 (N.D. Cal.). They also ask for an injunction barring Solvay from alleging infringement of the '725 patent by them and their customers and distributors, and for attorneys' fees under 35 U.S.C. 285.

What to watch next

Watch for the November 6 and November 13, 2026 submissions and the Commission's final determination on the reviewed issues, remedy, and bond.