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.

Thai Research describes e-cigarettes as a “first gateway” for ages 15–20, linked to appearance and flavors
Thai Research describes e-cigarettes as a “first gateway” for ages 15–20, linked to appearance and flavors
A Thai report says Minister attached to the Prime Minister’s Office Santi Piyatat is advancing efforts toward a vape-free society. On Jan. 12, a seminar at the Thai Health Promotion Foundation’s learning center presented a study covering six regions of Thailand on spending related to cigarettes and e-cigarettes and the behavior of different smoker groups.
Jan.13 by 2FIRSTS.ai
New York directs Tax and Finance to build “Vapor Products” registry; products not listed deemed illegal
New York directs Tax and Finance to build “Vapor Products” registry; products not listed deemed illegal
New York Gov. Kathy Hochul says the state will crack down on illegal flavored vapes by creating a registry identifying which vapor products may be legally sold. The governor directed the state Department of Taxation and Finance to establish a “Vapor Products” registry, with products not on the list treated as illegal.
Jan.20 by 2FIRSTS.ai
Vietnam Ho Chi Minh City police seize 28,657 illegal vape-related products worth over US$182,400
Vietnam Ho Chi Minh City police seize 28,657 illegal vape-related products worth over US$182,400
Police in Ho Chi Minh City, Vietnam say they dismantled a large illegal vape distribution ring led by 29-year-old Nguyễn Ngọc Quốc Uy, who allegedly built a concealed “secret room” to hide contraband. Officers seized 28,657 items valued at more than VND 4.8 billion (about US$182,400).
Feb.04 by 2FIRSTS.ai
Japan Tobacco Launches Limited-Edition “Purple Dusk” Colorway for Ploom AURA, Priced at JPY 2,980
Japan Tobacco Launches Limited-Edition “Purple Dusk” Colorway for Ploom AURA, Priced at JPY 2,980
Japan Tobacco has launched the fourth installment of its limited-color series for the Ploom AURA heated-tobacco device, unveiling “Purple Dusk” . Priced at JPY 2,980 (about USD 18.7, tax included), it goes on limited early sale via official channels from Jan 13, before rolling out to convenience stores and other retail outlets across Japan from Jan 20.
Jan.13 by 2FIRSTS.ai
Pakistan Senate bill seeks strict control of vapes and e-cigarettes in Islamabad, including under-18 sales ban
Pakistan Senate bill seeks strict control of vapes and e-cigarettes in Islamabad, including under-18 sales ban
Following approval by the Senate Standing Committee on National Health Services, the Electronic Nicotine Delivery Systems (Regulation) Bill is set to be tabled in the Senate to impose strict controls on the sale, marketing and use of vapes and e-cigarettes in Islamabad.
Jan.08 by 2FIRSTS.ai
Echo Guo: The Accumulating Risks Behind the Surge in Chinese Vape Exports to the U.S.
Echo Guo: The Accumulating Risks Behind the Surge in Chinese Vape Exports to the U.S.
Chinese vape exports to the U.S. jumped from about 2.2 million kg in June to 14.8 million kg in October 2025, despite tougher enforcement, the Washington Examiner reported. 2Firsts finds the surge reflects delayed bulk shipments, not demand recovery. With U.S. inventory exceeding 160 million devices and distributors paying ~10% upfront, cash-flow stress has shifted to Chinese manufacturers, and discounted stock is spilling into other markets.
Dec.14 by Echo Duo