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.

Philip Morris and R.J. Reynolds Face Trial Over Woman’s Lung Cancer Death in Massachusetts
Philip Morris and R.J. Reynolds Face Trial Over Woman’s Lung Cancer Death in Massachusetts
According to Law360, the family of Maria Petruzziello has taken Philip Morris and R.J. Reynolds to trial in Massachusetts, alleging the companies are responsible for her 2019 lung cancer death after decades of smoking. Plaintiffs argue her experience mirrors many smokers, while the defense points to her years-long cessation and personal choice.
Dec.03 by 2FIRSTS.ai
Japan Tobacco Announces Executive Leadership Changes Effective in 2026
Japan Tobacco Announces Executive Leadership Changes Effective in 2026
Japan Tobacco Inc. (JT) has announced a series of executive and board appointments effective from 2026, including the nomination of Takehiko Tsutsui—currently Executive Vice President at JT International—as President, CEO and Representative Director.
Nov.26
Melaka Cracks Down on Unlicensed Vape Retailers with Fines and Seizures
Melaka Cracks Down on Unlicensed Vape Retailers with Fines and Seizures
Melaka’s local authorities are intensifying enforcement against unlicensed e-cigarette retailers by issuing notices, imposing fines, and seizing illegal products. State executive councillor Datuk Ngwe Hee Sem said only premises meeting the required conditions will be granted trading licences under the Licensing of Trades (Local Authorities) By-Laws 2010.
Dec.10 by 2FIRSTS.ai
Malaysia’s vape industry flags “policy U-turn” concerns after ban on refillable open-system e-cigarettes
Malaysia’s vape industry flags “policy U-turn” concerns after ban on refillable open-system e-cigarettes
Malaysia’s vape industry has raised concerns over the government’s decision to ban refillable open-system e-cigarettes, describing it as a policy reversal despite earlier regulatory approvals.
Jan.08 by 2FIRSTS.ai
BAT rolls out VELO nicotine pouches in Argentina as social media buzzes about ZYN distribution
BAT rolls out VELO nicotine pouches in Argentina as social media buzzes about ZYN distribution
BAT Argentina says it has launched VELO nicotine pouches in Argentina, positioning the product as an adult alternative that contains no tobacco and involves no combustion. At the same time, social media discussion and media reporting indicate that Philip Morris International’s ZYN nicotine pouches are also being distributed through Argentine channels.
Jan.12 by 2FIRSTS.ai
Mexico Passes Law Banning Commercial Sale and Advertising of Vapes and E-Cigarettes
Mexico Passes Law Banning Commercial Sale and Advertising of Vapes and E-Cigarettes
Mexico’s Chamber of Deputies approved a constitutional reform prohibiting the production, import, export, transport, distribution, sale, and advertising of vapes and e-cigarettes nationwide. The law does not ban personal use of such products. Backed by President Claudia Sheinbaum, the amendment to the General Health Law imposes penalties of one to eight years in prison and fines between 11,314 and 226,280 pesos (approximately USD 621–12,430).
Dec.10 by 2FIRSTS.ai