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.

Exclusive|Suspected China Tobacco Nicotine Oral Film Product Surfaces on Social Media
Exclusive|Suspected China Tobacco Nicotine Oral Film Product Surfaces on Social Media
China Tobacco Jiangsu IC appears to have developed a nicotine oral film product under the "Nanjing" brand, according to images circulating on Chinese social media. If confirmed, this could potentially mark China Tobacco's first oral nicotine product targeting the domestic market. The product's authenticity has not been officially verified, and no nicotine pouch products have been approved for sale in China.
Special Report
Feb.09
China Tobacco Annual Meeting Flags “New Growth Drivers” for 2026: Cigarette Innovation, Domestic Cigars, Overseas Business and Multi-Purpose Use
China Tobacco Annual Meeting Flags “New Growth Drivers” for 2026: Cigarette Innovation, Domestic Cigars, Overseas Business and Multi-Purpose Use
China’s tobacco authorities used their annual industry meeting in Beijing to outline new growth drivers for 2026, highlighting cigarette innovation, domestic cigars, overseas business expansion and multi-purpose tobacco applications.
Special Report
Jan.20
Michigan Proposes 57% Vape Tax in $800M Revenue Plan
Michigan Proposes 57% Vape Tax in $800M Revenue Plan
Michigan Governor Gretchen Whitmer’s FY2027 executive budget proposes a new 57% wholesale tax on vaping products and oral nicotine items as part of a broader $800 million revenue package aimed at stabilizing Medicaid funding.
Regulations
Feb.23
Product | Claiming “U.S.-Made E-Liquid” and “80,000 Puffs,” VOOPOO Launches NAVI×Cyph 80K
Product | Claiming “U.S.-Made E-Liquid” and “80,000 Puffs,” VOOPOO Launches NAVI×Cyph 80K
VOOPOO’s website shows the company has introduced the NAVI×Cyph Kit 80K, an open-system, refillable vaping kit claimed to deliver up to 80,000 puffs. The device features a 1,500mAh battery with USB Type-C charging and comes in 12 flavors. A promotional image posted on VOOPOO’s official Instagram account includes the phrase “E-LIQUID BUILT IN THE USA.”
Feb.10 by 2FIRSTS.ai
UK South East Seized 3.1M Illegal Vapes Since 2021 as Crackdown Intensifies
UK South East Seized 3.1M Illegal Vapes Since 2021 as Crackdown Intensifies
Illegal vape seizures in the UK South East have risen sharply over the past five years, with 2023 marking the high point. While single-use vapes were banned from sale in June 2025, enforcement teams say disposable products remain in circulation, fueling renewed calls for licensing and stronger enforcement funding.
Jan.23 by 2FIRSTS.ai
Malaysian Langkawi marine police seize vape devices and e-liquid worth US$43,902
Malaysian Langkawi marine police seize vape devices and e-liquid worth US$43,902
In Langkawi, Malaysia, the Marine Police seized various vape devices and e-liquid valued at RM178,400 (about US$43,902.99). Authorities believe the goods were intended to be smuggled out to a neighboring country.
Jan.15 by 2FIRSTS.ai