ITC Rules Against Chinese Company in Patent Dispute

Apr.25.2023
ITC Rules Against Chinese Company in Patent Dispute
Shenzhen-based SMOK lost a legal case over patents and trademarks against 38 companies in the CBD vaping industry.

On April 24th, according to a report by Businesswire, the US International Trade Commission (ITC) ultimately ruled against Shenzhen SMOORE Technology Limited in their "337 investigation" claim.


Adjudication Result | Image Source: U.S. International Trade Commission (ITC)


Previously, Simo Holdings accused 38 companies and individuals in the United States, Canada, and other countries of infringing upon its patents and trademarks. They requested the ITC to issue exclusion and prohibition orders.


This investigation involves three patents and one trademark related to the Smoore ceramic atomization technology. These include United States Patent Nos. 10,357,623 (the "'623 Patent" involving non-cotton storage liquid technology), 10,791,763 (the "'763 Patent" involving technology related to atomizer structure), 10,791,762 (the "'762 Patent" involving ceramic heating element technology), and one trademark (CCELL).


On February 1st, 2023, the International Trade Commission (ITC) announced the preliminary ruling of the case stating that the 38 CBD vaporizer companies had not infringed on the three patents owned by Smoore.


Further reading:


Latest development in the Smartisan patent case in the US: A preliminary ruling has found that 38 North American companies have not infringed the patent.


Reference Materials:


AVD wins USITC ruling against China's CCELL in dispute over vaping products for cannabis industry.


This document has been generated through artificial intelligence translation and is provided solely for the purposes of industry discourse and learning. Please note that the intellectual property rights of the content belong to the original media source or author. Owing to certain limitations in the translation process, there may be discrepancies between the translated text and the original content. We recommend referring to the original source for complete accuracy. In case of any inaccuracies, we invite you to reach out to us with corrections. If you believe any content has infringed upon your rights, please contact us immediately for its removal.

TGA Sets 2026–2027 Compliance Principles, Flags Vaping Goods as a 2026 Priority
TGA Sets 2026–2027 Compliance Principles, Flags Vaping Goods as a 2026 Priority
The Therapeutic Goods Administration (TGA) has released its Compliance Principles for 2026 and 2027.Among 12 therapeutic goods categories identified for priority compliance and enforcement activity, TGA includes vaping goods, and it plans a further review of these priorities in March 2026.
Jan.23 by 2FIRSTS.ai
BAT FY2025 Results Review Series by 2Firsts
BAT FY2025 Results Review Series by 2Firsts
Feb.12
PMI reshuffles U.S. footprint: Swedish Match to shut Richmond office in April; most staff may be relocated
PMI reshuffles U.S. footprint: Swedish Match to shut Richmond office in April; most staff may be relocated
Swedish Match, a unit of Philip Morris International (PMI), will close its office in Richmond, Virginia, in April 2026 and eliminate 135 positions. PMI said the move is tied to adjustments in its U.S. operating footprint.
Feb.03
Product | Lost Vape launches “4D portable shisha” device with 3,800mAh battery and up to 80W output
Product | Lost Vape launches “4D portable shisha” device with 3,800mAh battery and up to 80W output
E-cigarette brand Lost Vape has recently listed its open-system DTL device, the ASTARA, on its official website. The company markets the product as “The First 4D Portable Shisha Experience,” highlighting a 360-degree display and audio features. The ASTARA has also appeared on some online sales channels in markets including the UK and Germany.
Feb.03 by 2FIRSTS.ai
2Firsts Holds Second PMTA Compliance Training in Shenzhen, Highlighting U.S. Regulatory Framework and Corporate Compliance Capabilities
2Firsts Holds Second PMTA Compliance Training in Shenzhen, Highlighting U.S. Regulatory Framework and Corporate Compliance Capabilities
2Firsts held its second U.S. PMTA compliance training in Shenzhen, providing a systematic overview of the U.S. regulatory framework for e-cigarettes and corporate compliance strategies. Nearly 20 industry professionals from manufacturing, e-liquid and supply-chain companies attended. Participants who passed the exam received compliance certification. Registration for the third training session will open soon, alongside customized corporate training programs.
Mar.09
Editorial says West Virginia’s HB 5437 “Vape Safety Act” goes too far, targeting residency and citizenship provisions
Editorial says West Virginia’s HB 5437 “Vape Safety Act” goes too far, targeting residency and citizenship provisions
A News and Sentinel editorial argues that West Virginia’s HB 5437, the “Vape Safety Act,” goes beyond reasonable regulation by adding provisions barring any part of a vape or smoke shop from being used as a residence and requiring owners to be U.S. citizens.
Feb.27 by 2FIRSTS.ai