ITC Terminates Certain Claims in Patent Infringement Investigation

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Jul.31.2024

ITC Terminates Certain Claims in Patent Infringement Investigation

The US International Trade Commission (ITC) issued a notice on July 30 regarding a patent infringement investigation.

On July 30, the United States International Trade Commission (ITC) issued a notice regarding a patent infringement investigation case with the number 337-TA-1392.

The case was initially launched by the American e-cigarette company PAX Labs, accusing several companies of infringing on its patents in the United States. At the core of the case is the issue of patent rights regarding certain oil vaporization devices and their components, as well as products containing these devices. The companies being sued include STIIIZY IP LLC, ALD Group Ltd., ALD (Hong Kong) Holdings Ltd., and STIIIZY Inc.

These patents include multiple patents, including patent number 11,766,527 (referred to as the "527 patent"). The notice indicates that the ITC has ultimately agreed to PAX Labs' request for partial termination of the investigation, officially terminating the investigation of claims 4 and 21 of the "527 patent".

During the investigation, PAX Labs filed a motion on July 3 to partially terminate the investigation, specifically requesting the withdrawal of allegations against claims 4 and 21 of the "527 patent". PAX Labs then submitted an amended motion, stating that both parties had no further agreements regarding the investigation and the respondent company did not oppose this.

The administrative judge of the ITC made a preliminary decision on July 11th agreeing to PAX Labs' request to partially terminate the investigation. After reviewing this preliminary decision, the ITC decided not to conduct a review and adopted this decision.

The decision by the ITC was based on legal grounds outlined in Section 337 of the Tariff Act of 1930 and Part 210 of the ITC rules and procedures. The notice was signed by ITC Secretary Lisa R. Barton, marking the conclusion of the investigation phase related to those specific patent claims.

References:

[1] NOTICE OF COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION TERMINATING THE INVESTIGATION AS TO CERTAIN PATENT CLAIMS BASED ON WITHDRAWAL OF THE COMPLAINT

Also Read:

[1] USITC: 337 Investigation towards Disposable Atomizer Devices, 36 Companies Involved

[2] US ITC Issues Final Rulings on Disposable E-cigarette 337 Investigation

[3] ITC Stock Surges 2% as Core Business Grows

#North America #United States #Legislation #Open system e-cigarettes

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