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.

NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
NJOY and Altria ask federal court to halt ITC proceeding, alleging multiple constitutional defects
A filing in the U.S. District Court for the Eastern District of Virginia (Richmond Division) shows NJOY and Altria entities submitted a plaintiffs’ reply supporting their motion for summary judgment, arguing the challenged ITC proceeding is unconstitutional on multiple grounds, including ALJ appointment authority, removal protections, and Article III limits under the Jarkesy framework. The plaintiffs seek summary judgment and a permanent injunction barring continuation of the ITC proceeding.
Jan.08 by 2FIRSTS.ai
Vietnam’s Health Ministry consults on tobacco-control law amendments, proposing an e-cigarette ban
Vietnam’s Health Ministry consults on tobacco-control law amendments, proposing an e-cigarette ban
VTV.vn reports that Vietnam’s Ministry of Health is collecting feedback on a draft amendment to the Law on Prevention and Control of Tobacco Harms, proposing an e-cigarette ban and broader public health protections.
Jan.13 by 2FIRSTS.ai
Alan Zhao: In the Post-“Absolute Resolve” Era: Speculating on U.S.-Referenced Regulatory Alignment and the Restructuring of Order in South America’s Novel Tobacco Market
Alan Zhao: In the Post-“Absolute Resolve” Era: Speculating on U.S.-Referenced Regulatory Alignment and the Restructuring of Order in South America’s Novel Tobacco Market
Alan Zhao analyzes post-Operation Absolute Resolve geopolitics and the rise of “U.S.-referenced regulatory alignment” in South America’s novel tobacco market as U.S. influence grows. Using regulatory reliance, digitalized enforcement, and industrial shifts, he assesses how rule redesign may alter market access, competition, and supply chains, asking how firms can find durable certainty as order is rewritten.
Jan.06 by 2Firsts Perspectives
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
Romania Fines Philip Morris and Distributors Over IQOS Price Fixing
Romania Fines Philip Morris and Distributors Over IQOS Price Fixing
Romania’s Competition Council has found that Philip Morris Trading SRL and two distributors engaged in agreements to fix resale prices and promotional discounts for IQOS heated tobacco products.
Dec.19 by 2FIRSTS.ai
Call2Recycle Expands Vape Recycling in Canada, Bringing Cannabis Devices Into Quebec-Wide Program
Call2Recycle Expands Vape Recycling in Canada, Bringing Cannabis Devices Into Quebec-Wide Program
Call2Recycle Canada, the country’s battery stewardship organization, is expanding its vape recycling program in Quebec to include cannabis vape devices, strengthening the safe recovery of embedded batteries and device materials. Backed by government bodies, producers and other stakeholders, the initiative aims to reduce landfill waste and create a scalable model for other Canadian provinces.
Dec.03 by 2FIRSTS.ai