The Federal Circuit dismissed SF Diamond Co., Ltd. v. International Trade Commission, Appeal No. 2026-1638, on September 18, 2026. The order identifies SF Diamond Co., Ltd. and SF Diamond USA, Inc. as appellants, the Commission as appellee, and US Synthetic Corporation as intervenor.
What the order does
Following the parties' agreement, the court dismissed the appeal under Federal Rule of Appellate Procedure 42(b) and ordered each side to bear its own costs. The order was issued as the mandate that day. It contains no ruling on the underlying patent merits and states no settlement terms.
What the appeal was from
The appeal challenged the Commission's final determination on remand in Investigation No. 337-TA-1236, Certain Polycrystalline Diamond Compacts and Articles Containing Same. According to the Commission's notice published December 9, 2025, the Commission found that SF Diamond Co., Ltd., SF Diamond USA, Inc., and other respondents violated section 337 by importing polycrystalline diamond compacts that infringe one or more of claims 1, 2, 11, 15, and 21 of U.S. Patent 10,508,502. It issued a limited exclusion order against those respondents and a cease and desist order against SF Diamond USA, Inc., and set the bond during Presidential review at zero percent of entered value. The remand followed the Federal Circuit's February 13, 2025 decision reversing the Commission's earlier conclusion that the asserted claims were patent ineligible under section 101.
The exclusion order has since changed for one respondent. According to a Commission notice published February 19, 2026, complainant US Synthetic Corporation and respondent Shenzhen Haimingrun Superhard Materials Co., Ltd. jointly petitioned on January 22, 2026, under 19 CFR 210.76(a)(1), to rescind the order as to Haimingrun, stating that their settlement agreement gives Haimingrun a license to the patents underlying the order. The Commission removed Haimingrun from the order and terminated the modification proceeding. The September 18 dismissal order does not modify the exclusion order or the cease and desist order as to SF Diamond.
What to watch next
Watch for any petition under 19 CFR 210.76 asking the Commission to modify or rescind the orders as to SF Diamond, the route US Synthetic and Haimingrun used in January 2026.