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.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

 Zyn Emerges as MAGA Cultural Symbol Amid FDA Policy Shift
Zyn Emerges as MAGA Cultural Symbol Amid FDA Policy Shift
According to The Wall Street Journal, nicotine pouch brand Zyn has rapidly gained popularity across the Trump administration and conservative political circles, including among U.S. Health Secretary Robert F. Kennedy Jr.
Business
May.20
Nature Health Comment Urges Wider Role for Smoke-Free Nicotine Products in Tobacco Control
Nature Health Comment Urges Wider Role for Smoke-Free Nicotine Products in Tobacco Control
Ahead of World No Tobacco Day, a Nature Health Comment by Robert Beaglehole, Ruth Bonita and Tikki Pang argues that regulated smoke-free nicotine products could help accelerate the global decline in smoking. The authors propose a “smoke-free 2040” goal and call for risk-proportionate regulation distinguishing cigarettes from lower-risk nicotine alternatives.
News
May.20
U.S. FDA: Youth E-Cigarette Prevention Campaign Prevented About 444,000 Initiations and Reduced Illegal Vape Sales
U.S. FDA: Youth E-Cigarette Prevention Campaign Prevented About 444,000 Initiations and Reduced Illegal Vape Sales
The U.S. Food and Drug Administration (FDA) said its youth e-cigarette prevention campaign, “The Real Cost,” prevented about 444,000 U.S. youth from starting e-cigarette use between 2023 and 2024 and blocked more than $42 million in unauthorized e-cigarette sales that would have been used by youth.
Market
Jun.25
2Firsts Exclusive Analysis | RLX Q1 Revenue Rises 96.2%, International Business Points to a More Integrated Global Strategy
2Firsts Exclusive Analysis | RLX Q1 Revenue Rises 96.2%, International Business Points to a More Integrated Global Strategy
RLX Technology’s Q1 net revenues rose 96.2% year over year, with international business accounting for 72.3% of total revenue. Beyond the headline growth, the results point to deeper globalization: European operations, Nexus supply-chain integration and a broader product portfolio are becoming key signals to watch.
Special Report
May.20
Ispire and Jincheng Pharma Form Joint Venture to Enter Global High-Growth Nicotine Pouch Market
Ispire and Jincheng Pharma Form Joint Venture to Enter Global High-Growth Nicotine Pouch Market
Summary Ispire Technology announced a strategic joint venture with Chinese pharmaceutical company Jincheng Pharma to manufacture and commercialize nicotine pouch products. The partnership combines pharmaceutical-grade production capabilities with Ispire’s global regulatory infrastructure and distribution network as the company expands beyond vaping hardware into oral nicotine products.
Business
May.13
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
Vape Industry Group Loses Alabama Court Fight as State Tightens Rules on Imported Products
The Alabama Supreme Court affirmed a lower court’s refusal to issue a preliminary injunction blocking the state’s 2025 electronic nicotine delivery systems law, allowing rules requiring covered products to be U.S.-made or FDA-authorized to remain in effect.
Jul.10