Smok Files '337 Investigation' Against 38 CBD Vape Companies
On October 14th, 2021, Somar filed a complaint with the United States International Trade Commission (ITC) requesting a 337 investigation. The complaint alleges that 38 companies and individuals in the United States, Canada, and other locations have infringed Somar's patents and trademarks. The company is seeking an exclusion order and a cease and desist order from the ITC.
A recent investigation was conducted involving three patents and one trademark related to Smoore's ceramic atomization technology. The patents include United States Patent Nos. 10,357,623, known as the "'623 Patent" which pertains to cotton-free liquid storage technology; 10,791,763, known as the "'763 Patent" which pertains to atomizer structural technology; and 10,791,762, known as the "'762 Patent" which pertains to ceramic heating element technology. The trademark involved is CCELL.
If the investigation finds that there has been infringement, the International Trade Commission (ITC) will prohibit the infringing company from selling their products in the United States, and will issue an exclusion order to Customs, preventing the importation of said products. Some defendants have already signed letters of agreement or settlement agreements.
On February 1st, 2023, the International Trade Commission (ITC) released a preliminary ruling regarding this case, stating that the 38 CBD vaporizer companies in question did not infringe upon three patents held by Smoller.
In the ruling notice, Chief Administrative Law Judge Clark Cheney wrote that certain atomizer pods or products containing atomizer pods that are imported or sold within the United States do not violate Section 337 of the Tariff Act of 1930.
Judgment Notification | Image Source: ITC
2FIRSTS will continue to report on this topic. Stay tuned for updates.
Reference:
The United States International Trade Commission
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