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.

Product | ELFBAR launches new “4-in-1” e-cigarette kit: 4× (1ml + 5ml) design, 4 flavors per set
Product | ELFBAR launches new “4-in-1” e-cigarette kit: 4× (1ml + 5ml) design, 4 flavors per set
ELFBAR has launched the “4 in 1 Ultra 50 VAPE KIT” through multiple online sales channels in the UK. The kit combines four 1ml prefilled pods with four 5ml refill containers. The company claims it can deliver up to around 50,000 puffs, with a retail price of approximately £13.99.
Dec.31 by 2FIRSTS.ai
MEPs seek Commission answers over EU trade officials’ contacts with PMI
MEPs seek Commission answers over EU trade officials’ contacts with PMI
POLITICO reports that five members of the European Parliament’s health committee want to invite the European Commission to answer questions about its contacts with Philip Morris International (PMI), following a POLITICO and The Examination investigation into extensive meetings between EU trade officials and tobacco lobbyists.
Jan.15 by 2FIRSTS.ai
Brazil’s MPF and Anvisa sign pact to intensify enforcement against vapes
Brazil’s MPF and Anvisa sign pact to intensify enforcement against vapes
Brazil’s Federal Public Prosecutor’s Office (MPF) and health regulator Anvisa signed a cooperation protocol to strengthen enforcement against electronic smoking devices (DEFs) and expand health-risk awareness campaigns.
Feb.03 by 2FIRSTS.ai
Wigan Council and Police Seize Illegal Cigarettes and Vapes Worth £145,000
Wigan Council and Police Seize Illegal Cigarettes and Vapes Worth £145,000
Wigan Council said its Trading Standards team, working with Greater Manchester Police, has seized large quantities of illegal cigarettes and vaping products across the borough in 2025. The confiscated goods, valued at around £145,000, were linked to multiple enforcement actions, including the temporary closure of retail premises and criminal prosecutions. The council said the measures aim to reduce risks posed by illicit tobacco and vape products, particularly to children.
Dec.25 by 2FIRSTS.ai
Russia’s St. Petersburg Sets Up Working Group to Consider Citywide Vape Sales Ban
Russia’s St. Petersburg Sets Up Working Group to Consider Citywide Vape Sales Ban
Russia’s St. Petersburg legislature has formed a working group to explore tougher controls on vape trade and sales, including the option of a citywide sales ban. The group is set to convene on Jan. 26 with participation from lawmakers, civil society and law enforcement. The move comes as Russia’s federal authorities continue to debate legislation that could allow regions to impose their own restrictions on vapes.
Jan.26 by 2FIRSTS.ai
Indiana SB 185 Advances: Foreign-Made Vapes Would Be Barred, With Focus on China
Indiana SB 185 Advances: Foreign-Made Vapes Would Be Barred, With Focus on China
Indiana State Sen. Ron Alting is backing Senate Bill 185, which would ban vape shops in Indiana from selling any foreign-made vaping products and restrict retail shelves to U.S.-made items. Alting has framed the proposal as a consumer-safety measure and has singled out China, citing industry reporting that China produces more than 90% of the world’s vape hardware.
Jan.27 by 2FIRSTS.ai