ITC Upholds No Infringement Ruling in Juul Case

Mar.06

ITC supports Juul in patent infringement case against NJOY, rejects economic argument. At the center of the dispute lies e-cigarette technology.

Key points:

NJOY accuses Juul of infringing on e-cigarette patents, but Juul receives a non-infringement ruling.

The United States International Trade Commission (ITC) supports the preliminary ruling after review.

ITC refused to take a stance on the economic aspects and decided to support Juul.

According to a report by Tobaccoreporter on March 5th, the U.S. International Trade Commission (ITC) has ruled in favor of Juul Labs in a patent infringement case, finding no infringement.

In January 2025, Administrative Law Judge Doris Johnson Hines ruled that Juul Labs' e-cigarette products did not violate Section 337 of the Tariff Act. Altria claimed that these products infringed on two patents related to e-cigarette technology, but the judge did not agree.

In a three-page decision, the International Trade Commission (ITC) reviewed a non-infringement finding and made modifications to the judge's initial ruling by modifying the citations. The decision stated that NJOY failed to provide an economic example of meeting domestic industry requirements, which would require the complainant to prove significant investments in products protected by patents. The ITC did not express a position on the economic aspect and also refused to review the remaining decisions, including the judge's conclusion that Juul did not violate Section 337 of the Tariff Act.

According to court documents, the Juul products being investigated by the ITC are classified as "electronic nicotine delivery systems" and related pods, pod components, including atomizers, sub-components, device sub-components, and chargers.

References:

[1] Juul Cleared in Patent Dispute with Altria

[2] NOTICE OF A COMMISSION DETERMINATION TO REVIEW IN PART A FINAL INITIAL DETERMINATION FINDING NO VIOLATION OF SECTION 337 AND, ON REVIEW, TO AFFIRM THE FINDING OF NO VIOLATION; TERMINATION OF THE INVESTIGATION

Also Read:

[1] Altria CEO intensifies concerns over unregulated e-cigarette products in the US

[2] Altria Group's NJOY LLC. Wins Lawsuit, Prohibiting 4 Retailers from Selling ELFBAR

[3] Lawsuit Against JUUL and Altria in Alaska Dismissed

[4] Response to Preliminary Ruling on JUUL Labs Patent Infringement

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn

Notice

1. This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2. The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3. This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4. Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

Copyright

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

AI Assistance Disclaimer

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Ispire and IKE Tech Welcome FDA Enforcement Boost, Highlight Need for Tech-Based Controls

Ispire Technology and IKE Tech issued statements after the U.S. FDA received Congressional funding and directives to strengthen enforcement against illicit vaping products. The companies emphasized updated guidance, multi-agency coordination and the role of blockchain and age-verification technologies in preventing illegal imports and protecting youth.

Nov.20

Portugal to Tax Nicotine Pouches from 2026 at €0.065 per Gram

Portugal’s 2026 State Budget adds nicotine pouches to the IEC by inserting Article 104-D into the Excise Code’s tobacco chapter. A specific duty of €0.065/g applies from 2026, with rounding to whole grams. The Budget also defines pouches (natural nicotine, up to 12 mg, tobacco-free, oral mucosal absorption). Lusa projects €1.676B in tobacco excise for 2026; combined levies near €1.993B.

Oct.30 by 2FIRSTS.ai

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

Polish Government to Amend E-Cigarette Definitions, Applying PLN 40 Excise Tax to Magnetic-attachment Devices

Poland plans to amend its excise tax regulations on e-cigarettes to address a loophole created by the emergence of electromagnetic iMagnetic-attachment devices in 2025. Under the proposal, products incorporating ferromagnetic components will be classified as e-cigarettes and subject to an excise tax of PLN 40 (about USD 11.2) per unit. The revised rules are expected to take effect 14 days after promulgation.