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.

R.J. Reynolds Seeks Dismissal of “Carbon Neutral” Lawsuit over Vuse E-Cigarette Claims
R.J. Reynolds Seeks Dismissal of “Carbon Neutral” Lawsuit over Vuse E-Cigarette Claims
R.J. Reynolds Vapor Co. has moved to dismiss a class-action lawsuit alleging false “carbon neutral” claims for its Vuse e-cigarettes, arguing its statements were based on independent certifications from Verra and Vertis, not misleading consumers.
Oct.23 by 2FIRSTS.ai
iMiracle and VPR Reach Preliminary Settlement in ‘Elf’ Trademark Dispute, Potentially Ending Three-Year Legal Battle
iMiracle and VPR Reach Preliminary Settlement in ‘Elf’ Trademark Dispute, Potentially Ending Three-Year Legal Battle
According to Law360, VPR Brands and iMiracle have filed a joint notice in federal court in Florida stating that they have signed a settlement term sheet and plan to finalize a global settlement within 30 days that would resolve multiple lawsuits. The dispute, which began in 2022 and centers on the “Elf” trademark, has involved injunctions, counterclaims and a key ruling by the Federal Circuit overturning a lower court’s order.
Dec.11 by 2FIRSTS.ai
Luxembourg Passes Bill 8333: Heated Tobacco and Nicotine Pouches Regulated
Luxembourg Passes Bill 8333: Heated Tobacco and Nicotine Pouches Regulated
Luxembourg’s Chamber of Deputies adopted Bill No. 8333, transposing EU Directive 2022/2100 and extending tobacco controls to heated tobacco, e-cigarettes and nicotine pouches. The law bans flavourings, restricts sales to minors, and caps nicotine content at 0.048 mg per pouch. CBD and caffeine additives are prohibited.
Nov.03 by 2FIRSTS.ai
Thai Police Seize 30,000 Illegal Vapes Worth Over US$270,000
Thai Police Seize 30,000 Illegal Vapes Worth Over US$270,000
According to Thai police, officers seized 30,000 illegal vapes worth over THB 10 million (US$270,000) and arrested two suspects linked to online sales via LINE account “VST Nuan Chan.” Raids were conducted in Bangkok and Samut Prakan, uncovering a main warehouse and residence. Both suspects confessed and face charges under the Product Safety Act and Customs Law for illegal import and sale.
Oct.30 by 2FIRSTS.ai
PMI Q3 2025 Earnings: Net Revenues Reach $10.85 Billion, Smoke-Free Products Account for 41% of Sales
PMI Q3 2025 Earnings: Net Revenues Reach $10.85 Billion, Smoke-Free Products Account for 41% of Sales
PMI reported strong third-quarter 2025 results, underscoring the continued success of its smoke-free transformation. Net revenues rose 9.4% year-over-year to $10.85 billion, driven by robust growth in the smoke-free segment, which now accounts for 41% of total net revenues and over 42% of gross profit.Despite a 3.2% decline in cigarette shipments, combustible revenues climbed 4.3% thanks to strong pricing.
Oct.21
Product | Three Power Levels + “2+10” Setup: ELFBAR JoinOne Series Launches in UK Retail
Product | Three Power Levels + “2+10” Setup: ELFBAR JoinOne Series Launches in UK Retail
ELFBAR rolls out the JoinOne15 Classic prefilled replaceable-pod kit, now listed across multiple UK e-commerce channels (some pages marked “coming soon”). The device uses a “2 ml prefilled pod + 10 ml refill container (‘2+10’)” system, supports three power levels, and claims up to 15,000 puffs in combined use. The kit is priced at £12.99, with matching “2+10” refill pods at £7.99.
Nov.03 by 2FIRSTS.ai