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Solstice fends off 1234yf patent challenge

USA: Solstice has successfully fought off another challenge to its patents on the car air conditioning refrigerant R1234yf. 

Solstice (formerly Honeywell) and Chemours (formerly DuPont) hold the vast majority of patents related to the manufacturing, composition, and application of the HFO refrigerant. 

In this most recent case, the European Patent Office has upheld the validity of Solstice’s European patent EP 2546225, relating to the manufacture of HFO1234yf. The patent was originally unsuccessfully challenged by Arkema and two Chinese companies, Zhejiang Huanxin Fluoro Material and Sino-Resource, who subsequently appealed against the decision, although Arkema dropped its opposition in January 2023.

Celebrating the latest decision, Julien Soulet, Solstice Europe’s vice president and general manager, said: “Our next-generation technologies such as Solstice yf refrigerant are the result of substantial investments in research, development and commercialisation. While certain unlicensed suppliers are circulating inaccurate information about our portfolio, the facts are clear – our intellectual property remains strong and enforceable. We will continue to vigorously protect our patented innovations and pursue appropriate enforcement actions against unauthorised use.”

Chemours hailed the ruling as “an important victory”, for intellectual property protection. “Chemours and Solstice have made significant long‑term investments to bring 1234yf to market, and we remain firmly committed to defending our IP— extending into the mid-2030s—and market position as authorised manufacturers and suppliers,” the company said in a statement.

The low GWP refrigerant has been the subject of a number of patent disputes and competition investigations, many of which are still ongoing. For their part, Chemours and Solstice have also taken multiple legal actions against those seen to be infringing those patents.

At stake is the multi-million dollar market for the replacement of R134a in car air conditioning systems, which is currently thought to be worth in excess of $1.5bn.

Although certain earlier patents and applications have expired, Solstice’s 1234yf intellectual property portfolio contains over 1,400 issued patents and pending applications. Approximately 350 cases are directed to unique compositions and uses, and over 1,000 cases are process-related. The portfolio includes patents with expiration dates extending into the 2030s.

In 2017, the European Commission finally cleared the production cooperation agreement between Solstice and Chemours after a six-year antitrust investigation into its possible effects on the product’s availability and technical development.

Related stories:

Chemours “disappointed” at R1234yf patent failure16 November 2021
USA/JAPAN: The recent R1234yf patent infringement lawsuit brought by Chemours against Japanese refrigerant manufacturer AGC was filed after a previous action failed in the Japanese courts. Read more…

Chemours files second lawsuit over R1234yf – 12 November 2021
USA: Chemours has filed a second R1234yf patent infringement lawsuit in Japan against Japanese refrigerant manufacturer AGC Inc. Read more…

Chemours claims AGC infringed R1234yf patents – 20 November 2019
USA: Refrigerant manufacturer Chemours has filed a patent infringement lawsuit in Japan against Japanese chemical manufacturer AGC over the HFO refrigerant R1234yf. Read more…

Honeywell reports second R1234yf seizure – 17 September 2019
BELGIUM: Refrigerant manufacturer Honeywell has announced a further seizure of patent-busting R1234yf in Poland, the second seizure in that country in just three months. Read more…

Honeywell stops patent-busting R1234yf shipment – 25 July 2019
USA/POLAND: Polish customs authorities have seized a shipment of suspected patent-infringing R1234yf refrigerant at the Baltic port of Gdynia. Read more…

Honeywell gets tough on R1234yf – 30 October 2018
USA: Action by Honeywell has resulted in the seizure of a shipment of R1234yf, with the refrigerant manufacturer filing alleged patent infringement lawsuits in the Czech Republic and Germany. Read more…

EC ends R1234yf antitrust investigation – 25 October 2017
EUROPE: The European Commission has ended its antitrust investigation into cooperation between Honeywell and DuPont (now Chemours) on the production of refrigerant R1234yf. Read more…

Arkema files new complaint over R1234yf – 2 June 2017
FRANCE: Refrigerant manufacturer Arkema has complained to the European Commission claiming Honeywell is abusing its dominant position in the use of R1234yf in car air conditioning systems. Read more…

Trade Commission ends R1234yf probe – 12 August 2017
USA: The US Federal Trade Commission has closed its investigation into agreements between Honeywell and DuPont – now Chemours – over the sale of the HFO refrigerant R1234yf. Read more…

Arkema files new complaint over R1234yf – 2 June 2017
FRANCE: Refrigerant manufacturer Arkema has complained to the European Commission claiming Honeywell is abusing its dominant position in the use of R1234yf in car air conditioning systems. Read more…

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