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.

Uruguay Weighs Ban on Nicotine Pouches as Health Ministry Warns of Growing Use
Uruguay Weighs Ban on Nicotine Pouches as Health Ministry Warns of Growing Use
Nicotine pouches, promoted as flavored, smoke-free alternatives, are spreading in Uruguay despite the absence of a formal market. The Ministry of Public Health is considering banning them by decree and has raised the issue within Mercosur and at COP11. Health Minister Cristina Lustemberg warns that the industry is pushing new nicotine products to normalize consumption among youth.
Nov.20 by { "username": "", "position": "", "avatar": "", "auth": "", "seo_url": "" }
Energy Marketers of America Backs White House Crackdown on Illicit Vape Shops, Urges Cleanup of ‘Gray Area’ Market
Energy Marketers of America Backs White House Crackdown on Illicit Vape Shops, Urges Cleanup of ‘Gray Area’ Market
The Energy Marketers of America (EMA) has publicly endorsed the White House’s enforcement campaign against illicit vape shops, saying it will help address the regulatory “gray area” that has emerged since 2020 due to delayed product approvals. EMA noted that a large volume of unauthorized imported disposable e-cigarettes worth about $86.5 million has been seized and called for stronger, more localized enforcement efforts to ease the burden on compliant convenience retailers.
Dec.04 by { "username": "", "position": "", "avatar": "", "auth": "", "seo_url": "" }
Heno Biotech Invited to Speak at PouchEX 2025 in Stockholm, Introduces Supply Chain Competency Model for the Nicotine Pouch Industry
Heno Biotech Invited to Speak at PouchEX 2025 in Stockholm, Introduces Supply Chain Competency Model for the Nicotine Pouch Industry
Heno Biotech was invited to deliver a keynote address at PouchEX Stockholm 2025, presenting a new supply chain competency model for the nicotine pouch sector. The company showcased its end-to-end capabilities—from scientific research and advanced manufacturing to global regulatory compliance—underscoring the critical role of supply chain upgrading in driving sustainable industry growth.
Nov.24 by { "username": "", "position": "", "avatar": "", "auth": "", "seo_url": "" }
NZ Government Eyes Sale of Smokeless Tobacco; Critics Warn of “Backslide”
NZ Government Eyes Sale of Smokeless Tobacco; Critics Warn of “Backslide”
Associate Health Minister Casey Costello faced renewed scrutiny in Parliament’s health select committee over her handling of tobacco-related policy and alleged ties to the tobacco industry. The government is considering allowing smokeless nicotine products such as snus and nicotine pouches, provided they meet safety and youth-access regulations.
Dec.05 by { "username": "", "position": "", "avatar": "", "auth": "", "seo_url": "" }
Philippines Probe Agency Seizes 800 Smuggled Vape Products in Manila, Stores Face Multiple Charges
Philippines Probe Agency Seizes 800 Smuggled Vape Products in Manila, Stores Face Multiple Charges
The National Bureau of Investigation (NBI) recently seized around PHP 250,000 (approximately USD 4,250) worth of smuggled and unregistered vape devices and liquids—about 800 items in total—from two stores in Manila. Authorities said the devices could be modified to discreetly consume cannabinoids and other illegal drugs, and that those involved will face charges under the Philippines’ Vaporized Nicotine and Non-Nicotine Products Regulation Act and the Consumer Act.
Dec.02 by { "username": "", "position": "", "avatar": "", "auth": "", "seo_url": "" }
Thai Police Seize 30,000 Illegal Vapes Worth Over US$270,000
Thai Police Seize 30,000 Illegal Vapes Worth Over US$270,000
According to Thai police, officers seized 30,000 illegal vapes worth over THB 10 million (US$270,000) and arrested two suspects linked to online sales via LINE account “VST Nuan Chan.” Raids were conducted in Bangkok and Samut Prakan, uncovering a main warehouse and residence. Both suspects confessed and face charges under the Product Safety Act and Customs Law for illegal import and sale.
Oct.30 by { "username": "", "position": "", "avatar": "", "auth": "", "seo_url": "" }