ITC Termination of Investigation: Bidi Vapor Dispute Resolution

Dec.09.2024

The U.S. ITC terminates investigation on Bidi Vapor after reaching agreement, based on patent infringement claims brought by multiple companies.

Recently, the U.S. International Trade Commission (ITC) announced a 337 partial final ruling on certain e-cigarette products (Certain Disposable Vaporizer Devices, investigation code: 337-TA-1410). The ruling stated that the administrative law judge's initial determination (No.26) made on November 5, 2024, would not be reviewed, and based on a consent order, the investigation against the named defendant Bidi Vapor, LLC of Orlando, FL, would be terminated and a consent order issued.

This means that the ITC has officially terminated its investigation into Bidi Vapor, LLC. This decision was based on a consent order agreement reached between Bidi Vapor and the relevant parties. The investigation was initiated on July 22, 2024 by RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, R.J. Reynolds Tobacco Company, and RAI Services Company (referred to collectively as "Complainants"). These companies accused certain disposable vapor devices of infringing on their U.S. patent (Patent No. 11,925,202) and violating Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) during importation, sale, and use in the United States. The objects of the Commission's investigation included 35 companies from the United States, China, and other locations, including the defendant Bidi Vapor, LLC.

During the progress of the case, the respondent Jiying Technology has been removed from the investigation with the consent order, while Heaven Gifts and several other companies were found to be absent defendants for missing their defense.

On November 1, 2024, Bidi Vapor submitted a motion to the committee requesting to terminate the investigation against them based on a consent order agreement. The complainant and Office of Unfair Import Investigations (OUII) did not oppose this. On November 5, 2024, the Administrative Law Judge ruled that Bidi Vapor's request met the committee's requirements and terminated the investigation.

The committee voted on December 5, 2024, to not review the preliminary ruling and issued a consent order regarding Bidi Vapor.

References:

[1] UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

Also Read:

[1] ITC issues ruling on Certain Disposable Vaporizer Devices case

[2] USITC Decision: Extension of Deadline for E-Cigarette Investigation

[3] ITC terminates investigation on Kimsun in e-cigarette dispute

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

#North America #United States #Disposable e-cigarettes #Regulation

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