Refrigerant Patent Dispute Heats Up: What Shoppers Need to Know About Low GWP Cooling

commercial chiller unit installation
Photo by Alexandre Lecocq

A significant legal battle in the refrigerant industry is now unfolding, and it could affect the availability and pricing of low-Global Warming Potential refrigerants for American consumers. French chemical manufacturer Arkema has filed a patent infringement lawsuit against HighChem Co, a Japanese company that imports and sells a widely used environmentally friendly refrigerant called HCFO1233zd(E). Understanding what this dispute means for your cooling systems and appliances is important for any homeowner or business owner planning a purchase or replacement.

Arkema holds two Japanese patents covering different uses of the 1233zd refrigerant. One patent protects its application as a blowing agent for polyurethane foam insulation, while the other covers its use as a refrigerant itself. The company claims that HighChem’s sourcing of the product from a Chinese manufacturer, Jiangxi Artsen Chemical Co, violates these intellectual property rights. Arkema manufactures 1233zd at facilities in Kentucky and through partnerships with Chinese producers, giving it significant market presence.

HighChem has already responded by restricting sales on its product page, noting that it is temporarily refraining from selling the refrigerant to customers who intend to use it for foaming or cooling applications. This swift action suggests the company is taking the legal threat seriously.

Why This Refrigerant Matters to You

The 1233zd refrigerant has become increasingly popular in modern cooling equipment precisely because it poses minimal environmental harm. Unlike older refrigerants that damage the ozone layer or contribute heavily to climate change, low GWP alternatives like this one align with global environmental standards. Major chiller manufacturers have adopted 1233zd for commercial cooling systems, and it remains one of the preferred options as the industry transitions away from harmful refrigerants. The environmental benefits make this refrigerant particularly attractive to environmentally conscious consumers and businesses meeting regulatory compliance requirements.

As climate standards tighten and refrigerant recycling becomes a priority across industries, having multiple reliable suppliers ensures that prices remain competitive and availability stays stable. Patent disputes can disrupt supply chains and limit consumer choice.

What Could Happen Next

If Arkema’s lawsuit succeeds, courts could prevent HighChem from importing and selling the 1233zd refrigerant derived from the Chinese manufacturer. This would reduce competition in the marketplace and potentially allow Arkema to control pricing more directly. Alternatively, an injunction could force HighChem to cease operations entirely related to this product.

For American shoppers, the implications are straightforward. Reduced competition typically means higher prices. If Arkema becomes the primary source for this refrigerant in certain markets, consumer costs for equipment using 1233zd could increase. Additionally, product availability might become more limited, potentially extending lead times for chiller units, heat pumps, and other cooling systems that rely on this refrigerant.

The situation also highlights the complexity of managing refrigerant transitions and ensuring proper installation standards during industry shifts. When supply becomes uncertain or expensive, some installers might delay upgrades to newer, safer refrigerants, potentially leaving older equipment in service longer than optimal.

Smart Moves for Consumers Right Now

If you are planning to purchase or replace cooling equipment in the coming months, consider acting sooner rather than later. Current pricing and availability may be more favorable than what emerges if the lawsuit resolves in Arkema’s favor. Request quotes for systems that use 1233zd or other approved low GWP refrigerants while multiple suppliers remain active in the market.

Pay attention to your equipment specifications and ask your contractor about the refrigerant type being used. Understanding whether your system relies on 1233zd versus other low GWP alternatives helps you anticipate potential cost or availability issues down the line. Keep documentation of your refrigerant type on file for future maintenance and potential replacement needs.

This patent dispute demonstrates how legal and regulatory decisions at the industry level directly impact consumer choice and pricing. While the lawsuit plays out, savvy shoppers can use the current period of competitive supply to secure the best deals on environmentally responsible cooling systems. Stay informed about developments in this case and consider consulting with your HVAC professional about the long-term implications for your specific cooling needs.