Federal Trade Fight Turns on the Mysteries of PVDF Resin
Published Date: 10/28/2026
Notice
Summary
The U.S. International Trade Commission is re-examining part of a decision about certain polyvinylidene fluoride resins that may have violated patent rules. Companies involved in making or selling these resins in the U.S. should pay attention, as the Commission is asking for input on how to handle the situation, including possible remedies and public interest concerns. This review could affect trade and business costs soon, so timely responses are important.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
Subject PVDF imports may be excluded
If the Commission affirms a violation, it can issue an exclusion order that would bar the subject polyvinylidene fluoride (PVDF) resin articles from entry into the United States. The ALJ recommended a limited exclusion order (with a standard certification provision) as the remedial measure should a violation be found.
Possible cease-and-desist orders against respondents
The Commission may order cease-and-desist relief that could require named respondents to stop unfair acts in the importation and sale of the accused PVDF resin articles within the United States. Such orders would apply to respondents found to be violating section 337.
ALJ found infringement and domestic industry
The ALJ's final initial determination (issued August 7, 2026) found infringement of claims 1, 3, 6, 8, and 9 of the '725 patent for the accused products, found importation of one accused product by Fluorine, and found that complainants satisfied the technical and economic domestic industry requirements. The ALJ recommended a limited exclusion order and a 4.5% bond.
Bond may be required during Presidential review
If the Commission orders a remedy, the U.S. Trade Representative has 60 days to review the determination, and during that Presidential review period subject articles would be permitted to enter the U.S. under bond. The ALJ recommended a bond set at 4.5 percent of the value of infringing imports for that period.
Commission review focuses on key legal issues
The Commission is reviewing (1) whether asserted claims of U.S. Patent No. 8,337,725 are invalid for indefiniteness and written-description failure, and (2) whether Complainants proved importation or sale for importation as to Juhua, Sinochem, and Fluorine. Initial written submissions are due November 6, 2026, and reply submissions are due November 13, 2026.
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Key Dates
Department and Agencies
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