Smoore Investigates in the US to Defend Its Property Rights

Article by Leona Zhu

Translated and edited by Ellesmere Zhu

On October 14, 2021, Smoore filed an application for a "337 Investigation" with the US International Trade Commission (ITC), accusing 38 companies and individuals in the US, Canada and other places of infringing its patents and trademarks, and requesting the ITC to issue exclusion orders and prohibition orders.

This survey involves three patents and one trademark related to Smoore Ceramic Wick Technology, namely United States Patent Nos. 10,357,623 (the “'623 Patent” (related to wickless liquid storage technology)); 10,791,763 (the “'763 Patent” (related to vaporizer structure technology)); 10,791,762 (the “'762 Patent” (related to ceramic heating technology)) and one trademark (CCELL).

On February 1, 2023, ITC announced the preliminary ruling of the case, stating that the 38 CBD vaporizer companies had not infringed upon the three patents owned by Smoore.

Chief Administrative Law Judge Clark Cheney wrote in the decision notice that certain vaporizer cigarettes and products containing cigarettes imported or sold in the United States did not violate Section 337 of the Tariff Act of 1930.

Reference: 

[1] Notice

[2] Chinadaily report 

[3] Trade agency to look into cannabis vape firms after CCell patent complaint