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.

France’s ANSES Report Reframes the Vape Debate: Harm Reduction Confirmed, Regulatory Barriers Rising
France’s ANSES Report Reframes the Vape Debate: Harm Reduction Confirmed, Regulatory Barriers Rising
France’s top health agency has confirmed that vaping is less harmful than smoking — but not risk-free — reshaping the country’s regulatory trajectory. As Paris withdraws a proposed vape tax and debates stricter ingredient, emissions and youth-protection rules, the ANSES report signals not prohibition, but tighter technical oversight. For manufacturers, retailers and EU policymakers, France may be previewing Europe’s next phase of nicotine governance.
Special Report
Feb.23
Ireland’s HSE finds over a fifth of vape shops tested still selling to children despite under-18 ban
Ireland’s HSE finds over a fifth of vape shops tested still selling to children despite under-18 ban
Ireland’s Health Service Executive (HSE) data show that more than a fifth of vape shops tested were still selling nicotine-inhaling vaping products to children, despite a ban on sales to under-18s that took effect on December 22, 2023.
Jan.05 by 2FIRSTS.ai
UPC Court of Appeal refuses to revive VMR’s European vape patent, upholding lack of inventiveness
UPC Court of Appeal refuses to revive VMR’s European vape patent, upholding lack of inventiveness
The Unified Patent Court’s Court of Appeal declined on Dec. 29 to revive a European patent held by VMR Products LLC, upholding a finding that the patent is not inventive over earlier devices. The decision said adding a window in the vape’s outer shell to reveal the internal cartridge holding vape liquid was an obvious, routine adaptation based on an earlier U.S. patent and general knowledge.
Jan.06 by 2FIRSTS.ai
PMI’s Japan unit to raise IQOS ILUMA stick prices; TEREA and SENTIA to increase from April
PMI’s Japan unit to raise IQOS ILUMA stick prices; TEREA and SENTIA to increase from April
Japan will adjust tobacco taxes from April 1, 2026, prompting Philip Morris International (PMI) to lift prices for its IQOS ILUMA tobacco sticks TEREA and SENTIA. Both products are set to rise by 40 yen per pack (about $0.3).
Jan.21 by 2FIRSTS.ai
The Volume Illusion: Measuring the Future of Nicotine with the Tools of the Past
The Volume Illusion: Measuring the Future of Nicotine with the Tools of the Past
As next-generation nicotine products become economically central rather than marginal, traditional volume-based metrics are increasingly unable to explain consumption, risk, and value. Units designed for a cigarette-based economy struggle to describe systems defined by delivery speed, pharmacokinetics, and adaptive user behavior. Drawing on financial reporting, regulation, and nicotine science, a fundamental question: can the future of nicotine still be measured using the tools of its past?
Feb.09 by Alan Zhao | 2Firsts Perspectives
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Smoore, Distributors Move to Toss Cannabis Vape Price-Fixing Suit
Several vape manufacturers and distributors, including Shenzhen Smoore Technology Co. Ltd., Smoore International Holdings, 3Win Corp., Jupiter Research LLC, Canna Brand Solutions, and Greenlane Holdings Inc., have filed motions seeking dismissal of consumer claims in consolidated antitrust litigation in the U.S. District Court for the Northern District of California.
Events
Feb.24