ITC Rules Against Chinese Company in Patent Dispute

Apr.25.2023

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.

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