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.

Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia health minister says court conviction over vape promotion sets key precedent for Act 852 enforcement
Malaysia’s Health Minister Datuk Seri Dr Dzulkefly Ahmad said the Putrajaya Magistrate’s Court decision to convict a known personality for promoting vape has set an important legal precedent for enforcing the Control of Smoking Products for Public Health Act (Act 852).
Jan.09 by 2FIRSTS.ai
Russia’s Public Chamber official opposes “generational ban” on tobacco sales, citing rights concerns
Russia’s Public Chamber official opposes “generational ban” on tobacco sales, citing rights concerns
Vladislav Grib, deputy secretary of the Public Chamber of the Russian Federation, said a “generational ban” on cigarette sales—restricting sales based on year of birth—would not resolve smoking and would instead lead to human rights violations. He argued older cohorts would buy and share, and the approach would split citizens into two categories.
Jan.08 by 2FIRSTS.ai
Türkiye’s trade minister: valued at USD 40 million in illicit e-cigarette products seized over five years
Türkiye’s trade minister: valued at USD 40 million in illicit e-cigarette products seized over five years
Türkiye’s Trade Minister Ömer Bolat said that over the past five years, authorities carried out 4,589 operations seizing 28,683,985 e-cigarette devices and parts and 1,070,586 grams/ml of e-liquid, valued at TL 1,762,796,000 (about USD 40,544,308).
Jan.20 by 2FIRSTS.ai
Poland to ban “characterising flavours” in heated tobacco sticks from Jan. 18, 2026
Poland to ban “characterising flavours” in heated tobacco sticks from Jan. 18, 2026
Poland will implement an amended health protection law on January 18, 2026, restricting the availability of tobacco inserts used in heated tobacco devices. The new rules prohibit products with a “characterising flavour,” meaning a clearly noticeable taste or smell other than tobacco, derived from additives and detectable before or during use.
Jan.20 by 2FIRSTS.ai
Azerbaijan Imposes Comprehensive E-Cigarette Ban Covering Import, Export, Sales and Use, Effective April 1
Azerbaijan Imposes Comprehensive E-Cigarette Ban Covering Import, Export, Sales and Use, Effective April 1
Azerbaijan has approved amendments to its tobacco law that introduce a comprehensive ban on e-cigarettes and their components, covering import, export, production, storage, wholesale and retail sales, and use. Nicotine-containing e-cigarettes are classified as tobacco products under the revised framework. The law takes effect on April 1, 2026.
Jan.27 by 2FIRSTS.ai
Two Taunton Shops Closed After Seizure of Illegal Tobacco and Vapes
Two Taunton Shops Closed After Seizure of Illegal Tobacco and Vapes
Two shops in Taunton have been ordered to close for three months after authorities found illegal tobacco and vape products worth around £50,000. The seizures followed joint operations involving Trading Standards officers, police and tobacco detection dogs. Magistrates ruled that closing the premises was necessary to prevent further criminal activity.
Dec.23 by 2FIRSTS.ai