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.

Imperial Brands’ blu adds “Creamy Tobacco” flavour, rolling out across device kits and pod products
Imperial Brands’ blu adds “Creamy Tobacco” flavour, rolling out across device kits and pod products
Imperial Brands’ vaping brand blu has outlined its flavour roadmap for 2026 on its official website, adding a new “Creamy Tobacco” flavour that has been rolled out across the rechargeable blu bar kit and its compatible blu kit pods. The brand describes the flavour as offering a more velvety tobacco taste.
Dec.19
AIRSCREAM Solidifies South African Leadership & Championing Truth in Vaping
AIRSCREAM Solidifies South African Leadership & Championing Truth in Vaping
As South Africa’s leading lifestyle vaping brand, AIRSCREAM is accelerating its regional growth strategy with the launch of its bold new initiative, “Trust ML, Not Puff.” The campaign calls for factual, millilitre (ml)-based transparency across the vaping industry, directly confronting misleading puff-count marketing practices and promoting clear, standardised information that reflects the true value and capacity of vaping products.
Nov.28
The Spark of Reason| 2Firsts 2026 New Year Message
The Spark of Reason| 2Firsts 2026 New Year Message
Looking ahead to 2026, we do so with genuine anticipation. This will be a milestone year—the dawn of a new era.
Jan.01
2FIRSTS Data Insight|China’s Vape Exports to the U.S. Hit a Record $590 Million: A Peak Driven by Enforcement Cycles, Not Real Demand
2FIRSTS Data Insight|China’s Vape Exports to the U.S. Hit a Record $590 Million: A Peak Driven by Enforcement Cycles, Not Real Demand
China’s vape exports to the U.S. surged to a record $590 million in October 2025—nearly double the usual monthly level and pushing the U.S. share above 50% of China’s global shipments.But the spike was not driven by demand. Instead, it reflected a temporary release created by tightened U.S. enforcement, a collapsed logistics pathway, and a bullwhip-style surge in replenishment.The peak signals more volatility ahead, not recovery.
Special Report
Nov.24
Malaysian Langkawi marine police seize vape devices and e-liquid worth US$43,902
Malaysian Langkawi marine police seize vape devices and e-liquid worth US$43,902
In Langkawi, Malaysia, the Marine Police seized various vape devices and e-liquid valued at RM178,400 (about US$43,902.99). Authorities believe the goods were intended to be smuggled out to a neighboring country.
Jan.15 by 2FIRSTS.ai
Special Report| Vuse Gains as U.S. Cracks Down on Illegal Vapes, But a $590 Million China Export Shadow Looms
Special Report| Vuse Gains as U.S. Cracks Down on Illegal Vapes, But a $590 Million China Export Shadow Looms
The payoff is here: BAT’s Vuse has seized a rare regulatory vacuum to reverse its U.S. slide, capitalizing on a crackdown that seemingly compressed the illicit market to 54%. But the victory is fragile. A record $590 million export shock in October signals the gray market is striking back—pitting a fleeting compliance dividend against a massive inventory wall.
BAT
Dec.09