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.

2Firsts Breaking | FDA to Hold PMTA Roundtable for Small ENDS Manufacturers, Spotlighting Small Business Applications
2Firsts Breaking | FDA to Hold PMTA Roundtable for Small ENDS Manufacturers, Spotlighting Small Business Applications
The FDA’s Center for Tobacco Products (CTP) will hold a PMTA roundtable on February 10, 2026, for small electronic nicotine delivery systems (ENDS) manufacturers, seeking input on PMTA submission experiences and recommendations for streamlining and improving the review process.
Dec.24
Make Your Brand Understood by the People Who Matter
Make Your Brand Understood by the People Who Matter
Feb.02
Product | Claiming a “first multi-beverage vaporizer” with refillable juice/cocktail water chamber, PEAKBAR launches new device in the U.S.
Product | Claiming a “first multi-beverage vaporizer” with refillable juice/cocktail water chamber, PEAKBAR launches new device in the U.S.
PEAKBAR’s new H2O 40K has begun selling through U.S. online retailers including Vape Sourcing. Marketed as the “world’s first multi-beverage vaporizer,” the device is promoted as allowing users to add liquids such as juice and cocktails into a water chamber for pairing. Publicly listed specifications include 20 ml of e-liquid, a rated 40,000 puffs, 0.5% nicotine, a 1,000 mAh rechargeable battery, and two power modes at 22W and 12W.
Jan.22 by 2FIRSTS.ai
Exclusive: Altria Confirms FDA Grants Marketing Authorization to on! PLUS, Ending More Than a Year of PMTA Review
Exclusive: Altria Confirms FDA Grants Marketing Authorization to on! PLUS, Ending More Than a Year of PMTA Review
Altria on December 19 confirmed that six on! PLUS nicotine pouch products had received U.S. FDA marketing authorization, ending a PMTA review lasting more than a year after the company moved ahead with launch plans before clearance.
Regulations
Dec.20
Authorities in Kazakhstan Seize Over 53,000 Illegal Vape Products in Pavlodar
Authorities in Kazakhstan Seize Over 53,000 Illegal Vape Products in Pavlodar
Kazakhstan’s Financial Monitoring Agency in Pavlodar Region has concluded an investigation into an organised group involved in the illegal sale of vaping products. The group operated through three Telegram-based online shops and used courier delivery services. Authorities seized more than 53,000 items, with a total value exceeding 400 million tenge. The investigation found that students were the primary consumers. Four suspects have been placed in custody and multiple assets have been seized.
Dec.25 by 2FIRSTS.ai
Malaysia’s Kuching court fines vape retailer USD 4921 over “BEST VALUE FOR MONEY” poster promotion
Malaysia’s Kuching court fines vape retailer USD 4921 over “BEST VALUE FOR MONEY” poster promotion
A vape retail company in Kuching, Malaysia, was fined RM20,000 (about USD 4,921.86) by the Magistrates’ Court on January 19, 2026, after pleading guilty to an offence under Section 9(1) of the Control of Smoking Products for Public Health Act 2024 (Act 852). The case concerned a poster displayed at the company’s premises on October 6, 2025, carrying the slogan “BEST VALUE FOR MONEY.”
Jan.21 by 2FIRSTS.ai