Legal Analysis: Implications of Hytera's US Sales Ban on Chinese Vaping Industry

Industry Insight by Tang Shunliang, edited by Sophia
Apr.09.2024
Legal Analysis: Implications of Hytera's US Sales Ban on Chinese Vaping Industry
Chinese tech giant Hytera faces US court order banning sales of walkie-talkie products worldwide, facing hefty fines. What insights does this event offer for Chinese e-cigarette manufacturers? Attorney Tang Shunliang shares his views on this matter.

Special Declaration:

This article is a guest contribution from an expert. The views expressed in the article represent the expert's personal stance and do not necessarily reflect the stance of 2FIRSTS.

This retweet is intended to disseminate information and does not signify endorsement or support of its content.

2FIRSTS has obtained permission from the authors to publish, readers are advised to pay attention to its accuracy, completeness, and reliability. Additionally, readers should carefully consider the views and suggestions presented in the publication.


 

On April 7, 2024, Hytera (stock code: 002583.SZ) announced on its official website that, according to a court order in the United States, the company is prohibited from selling any products containing walkie-talkie technology anywhere in the world until further notice. Additionally, Hytera has been ordered to pay a daily fine of $1 million until they fully comply with the court's anti-litigation injunction. Subsequently, walkie-talkie products have been removed from Hytera's Tmall and JD.com official flagship stores.

 

The lawsuit between Hytera and Motorola dates back to 2017 when Motorola claimed that "Hytera stole its two-way radio technology used for public officials, construction workers, and school officials. Customers are able to maintain normal communication even during natural disasters or when wireless transmission towers are not functioning using this technology.

 

Hainet is a leading company in the field of specialized network communications in China, established in 1993. The company provides specialized communication solutions and services covering industries such as public safety, emergency response, energy, transportation, and commerce. With over 90 branches worldwide, Hainet offers services in more than 120 countries and regions. Although a significant portion of Hainet's revenue comes from overseas markets, the company places a high emphasis on the international market due to the lower gross profit margin in the domestic market.

 

Motorola previously filed a lawsuit accusing Hytera of infringing on multiple patented technologies, including a core technology for improving communication efficiency and extending battery life. In the first instance, the court ruled that Hytera had to pay Motorola $765 million in compensation, but this amount was later reduced to $543 million, in addition to paying the opposing party's legal fees.

 

This case is not the only time Motorola and Hytera have clashed in a patent dispute. Over the past few years, Motorola has sued Hytera multiple times, accusing them of patent infringement. Hytera has gradually shifted to a more proactive approach, increasing research and development investment, increasing the number of patent applications, and launching new products to reduce dependence on old technologies in order to counter the challenges posed by Motorola.

 

For technology companies, the core of competition lies in patent technology. Therefore, Hytera continues to increase research and development investment, enhance the number of patent applications, and launch new products to reduce reliance on old technologies. These measures are expected to bring Hytera better survival space and market competitiveness. Despite multiple attacks by Motorola on Hytera globally, with Hytera's efforts in technological research and development, the competition between the two parties may become more intense.

 

According to the latest news, Hytera has responded urgently to the "ban" imposed by U.S. courts, stating that the company has withdrawn its lawsuit in the Shenzhen case and has temporarily suspended the sale of dual-way radio technology products as required. The company has also applied to the U.S. court to revoke the above judgment, and a hearing is ongoing in the U.S. court.

 

The company emphasized that it will take further measures to try to revoke the above judgment in the shortest time possible, but there is still some uncertainty in the progress of the case. In addition, the company's controlling shareholder and actual controller, Chen Qingzhou, voluntarily promised not to reduce the company's shares for the next six months.

 

The Shenzhen-based Haidada case serves as a lesson for the e-cigarette industry in terms of going global. Motorola can be seen as the JUUL of this industry. Despite a slight market decline, their patent arsenal and research and development are still strong. For the Chinese e-cigarette industry, which holds more than 90% of the overseas market share, the future is filled with ongoing patent battles. It's not an exaggeration to say that the market has been relatively easy for the past decade, but this situation is unlikely to continue.

 

In any industry, only sufficient profits will stimulate research and development, and capital will enter. Eventually, leading companies will emerge through various competitions, transforming the entire industry into a few key players. Time flies, and IQOS has been on the market for over 10 years. In 2014, its sales figures couldn't compete with e-cigarettes. However, by 2024, IQOS had already dominated a significant portion of the HNB market, surpassing all competition.

 

The market for e-cigarettes is undergoing a reshuffling, and big tobacco companies are also paying attention. The branding and patent layouts of foreign e-cigarette companies such as JUUL, NJOY, Blu, VUSE, and VEEV can be observed. NJOY, for example, began establishing a presence in China as early as 2010. Their trademarks are highly stable and globally unified. JUUL has initiated several rounds of patent litigation, including a case involving a "leak-proof" atomizer. Nearly all of their patents are globally authorized. Despite current issues surrounding product compliance and financing, leading e-cigarette companies have not focused much on patent litigation. However, as research and development progress and product iterations continue, e-cigarette patent litigation is expected to increase significantly both domestically and internationally starting in 2024.

 

However, the purpose of any patent litigation is not for small and medium-sized enterprises, but rather to compete among the top ten, or even the top five companies. Weaker companies will ultimately be naturally eliminated.

 

Taking SMOORE as an example, continuous in-depth research and diversified layout will to a certain extent alleviate the patent risks in global competition. With China's advantage in supply chain industry, competitors will weigh the options of competition and cooperation with domestic leading companies in terms of patent litigation or collaboration. If e-cigarette companies cannot match them in basic research, compliance, and patent issues, they will always view you as inferior. They have various legal weapons at their disposal, not just patents, and any regulatory flaws can be exploited to strike against you.

 

Therefore, regardless of the size of e-cigarette companies, in the process of compliance and high quality, transitioning from fast-moving consumer goods to branding, all basic management, research and development, and intellectual property layout should be re-examined. The old way of thinking and habits cannot dominate the scene anymore. In simple terms, many e-cigarette companies that do OEM production do not even have proper management of their OEM contracts. There are frequent cases where products are sent out but funds are not recovered.

 

Upon further examination of Hytera, its research and development capabilities are already very strong, with a high proportion of overseas market receivables. However, facing the blow of the Motorola patent litigation battle could significantly damage its strength.

 

These are all worth studying for the e-cigarette industry!

 


Author's Introduction:

 

Tang Shunliang, a partner at Tianyuan Law Firm, has extensive experience in the legal field of tobacco and e-cigarette. With over ten years of professional experience in patent disputes, legal legislation, and compliance, Tang has a deep understanding of the technology and patent situations in the tobacco and e-cigarette industries. He has successfully handled numerous domestic and international compliance issues for clients, particularly achieving remarkable success in complex patent cross-border disputes. In addition, he has long served as a legal advisor for well-known e-cigarette and tobacco companies in China.

 

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

PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
Philip Morris International's IQOS has extended its partnership with electronic-music event brand ZAMNA to Spain, setting up a House of IQOS at ZAMNA Madrid. Vogue España and Time Out Madrid subsequently published branded content clearly labeled as collaborations with IQOS. PMI has also expanded its company-owned IQOS boutique network in Spain to seven cities this year. The company says IQOS's adjusted heated-tobacco market share in Europe reached 12.6% in the first quarter of 2026, with Spain among its stronger-performing European markets.
Sep.20
Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Reynolds Seeks to Join Altria Lawsuit Challenging FDA PMTA Rule and Calculation of 180-Day Deadline
Three R.J. Reynolds companies are seeking to intervene in a lawsuit filed by Altria subsidiaries Helix Innovations and NJOY challenging the FDA's 2021 PMTA final rule. The companies dispute how the agency uses Acceptance and Filing reviews and completeness determinations to establish when the Tobacco Control Act's 180-day decision period begins. Reynolds has also linked prolonged PMTA reviews to competition from unauthorized vaping products. The FDA, meanwhile, has been accelerating reviews and reducing its backlog.
Sep.14
Imperial Brands Acquires Helwit Owner Yoik Group for SEK 515 Million, More Than Doubling Swedish Nicotine Pouch Share
Imperial Brands Acquires Helwit Owner Yoik Group for SEK 515 Million, More Than Doubling Swedish Nicotine Pouch Share
Imperial Brands has agreed to acquire 100% of Swedish modern oral nicotine company Yoik Group AB for an initial SEK515 million, equivalent to about US$53.9 million, plus a deferred payment linked to performance over the next two years. Yoik owns nicotine pouch brand Helwit, which held about 3.4% of Sweden’s modern oral nicotine market over the past 12 months. Imperial says the acquisition will more than double its existing share of the Swedish market. Helwit is also sold elsewhere in the Nordics, through European online channels and in selected UK retail outlets.
Sep.08
Product | JT to Launch MEVIUS Tropical Option in Japan, Expanding Ploom Tobacco Stick Lineup to 32
Product | JT to Launch MEVIUS Tropical Option in Japan, Expanding Ploom Tobacco Stick Lineup to 32
Japan Tobacco (JT) will launch MEVIUS Tropical Option, a new tobacco stick for Ploom, nationwide in Japan from October 6, 2026. The capsule-format product combines mango-oriented sweetness with menthol cooling, adding a tropical flavor to the MEVIUS Ploom tobacco-stick lineup for the first time. Each pack contains 20 sticks and will launch at JPY 590. The product is compatible with all Ploom devices, and its addition will expand the Ploom tobacco-stick portfolio to 32 variants.
Sep.08
China Tobacco Hubei explores staged nicotine pouch delivery, using dynamic membranes to slow early release and gradient particles to sustain later delivery
China Tobacco Hubei explores staged nicotine pouch delivery, using dynamic membranes to slow early release and gradient particles to sustain later delivery
China Tobacco Hubei Industrial Co., Ltd. disclosed several oral nicotine-related patent applications in August 2026, including two that approach staged nicotine release from different directions. One uses a high-viscosity membrane that forms inside the pouch after contact with saliva to slow rapid early release, while the other uses gradient particles with a faster-disintegrating outer layer and a slower core to create a fast-to-sustained release profile. Together, the filings explore how nicotine pouches could balance initial delivery with release later in use.
Sep.03
Product | FOGER Introduces Switch Pro 30K Nixodine Pod in U.S. Retail, Bringing 6-MN Related Formulation to High-Capacity Pod Platform
Product | FOGER Introduces Switch Pro 30K Nixodine Pod in U.S. Retail, Bringing 6-MN Related Formulation to High-Capacity Pod Platform
FOGER has introduced the Switch Pro 30K Nixodine Pod in U.S. retail channels, bringing a 6-methylnicotine (6-MN)-related formulation into its reusable Switch Pro 30K pod ecosystem. The product retains the existing reusable dock and magnetic replacement pod architecture, featuring a 19ml prefilled pod, dual-mesh heating and Normal/Boost modes. The Nixodine version is labeled nicotine-free in terms of conventional nicotine but uses a 5% Nixodine-related formulation. The product has appeared in U.S. retail and wholesale channels, with some listings indicating Kentucky-only availability.
Aug.28