USITC Upholds Preliminary Ruling in Reynolds Tobacco Case

Dec.20.2024
USITC Upholds Preliminary Ruling in Reynolds Tobacco Case
USITC upholds administrative judge ruling denying temporary relief for disposable e-cigarette patent infringement case.

On December 18, the United States International Trade Commission (USITC) announced that it had decided not to modify, rescind, or overturn the decision of the presiding Administrative Law Judge (ALJ) concerning the preliminary determination denying RAI Strategic Holdings, Inc. and its affiliated companies' request for temporary relief (known as "ID," or Order No. 28). This decision means that the temporary exclusion order and cease and desist order sought by RAI regarding the import and sale of certain disposable e-cigarette devices and their components were not approved.


The investigation was filed by the British-American tobacco subsidiary Reynolds Tobacco on July 22, 2024, alleging that the importation and sale of certain disposable e-cigarette devices and components by 35 companies violated its US Patent No. 11,925,202. The companies under investigation include several from China, Hong Kong, and the United States.


Reynolds Tobacco has filed a complaint and simultaneously applied for a temporary restraining order and injunction in an attempt to prevent these products from entering or continuing to be sold in the US market during the investigation.


The U.S. International Trade Commission has accepted the case and assigned an administrative law judge to conduct the investigation. However, due to the complexity of the case, the commission deemed the interim relief program as a "complicated" matter on July 29, 2024. Some defendant companies such as Kimsun and Bidi Vapor have ended the investigation by reaching a consent decree, but several defendants have not appeared in response to the lawsuit.


On November 19, 2024, an administrative judge issued a temporary restraining order ("TEO"), denying Reynolds Tobacco's request for temporary relief. The ruling stated:


The claims of patent infringement lack a likelihood of success.


There is a significant dispute over the validity of the patent.


The plaintiff failed to prove that not seeking redress would result in irreparable harm.


Renault subsequently submitted a comment document, but stated that they will not seek a reconsideration of the ruling by the commission.


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

BENDSTA Urges Prime Minister to Review Bangladesh’s 2025 Tobacco Control Ordinance
BENDSTA Urges Prime Minister to Review Bangladesh’s 2025 Tobacco Control Ordinance
The Bangladesh Electronic Nicotine Delivery System Traders Association (BENDSTA) has urged the prime minister to initiate a comprehensive parliamentary review of the Smoking and Tobacco Products Use (Control) Ordinance, 2025.
Mar.12 by 2FIRSTS.ai
Iowa House says governor’s tobacco and vape tax hikes are in a “holding pattern”
Iowa House says governor’s tobacco and vape tax hikes are in a “holding pattern”
Radio Iowa reported that House Speaker Pat Grassley said House Republicans are wrestling with Gov. Kim Reynolds’ proposal to raise Iowa’s tax on tobacco products and impose a new 15% sales tax on vaping products. Grassley said the idea is in a “holding pattern,” noting it does not align neatly with recent Republican moves to cut income taxes, and that House Republicans already removed the proposed tax increase from the governor’s MAHA bill.
Feb.27 by 2FIRSTS.ai
Bulgaria’s Disposable Vape Ban Receives Formal Approval From the European Commission
Bulgaria’s Disposable Vape Ban Receives Formal Approval From the European Commission
The European Commission has formally published its decision approving Bulgarian legislation banning the placing on the market, offering and sale of disposable e-cigarettes.
Mar.17 by 2FIRSTS.ai
France’s HAS to Address Role of E-Cigarettes in Updated Smoking-Cessation Guidelines, Tells 2Firsts
France’s HAS to Address Role of E-Cigarettes in Updated Smoking-Cessation Guidelines, Tells 2Firsts
2Firsts has learned that France’s national health authority, the Haute Autorité de Santé (HAS), confirmed the role of e-cigarettes will be addressed in updated national smoking-cessation guidelines expected by the end of 2026. HAS said the recommendations will focus on clinical and public-health considerations, will not set technical standards for vaping products, and that current studies are insufficient to clearly assess risks and benefits across different product categories.
Mar.10
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
Special Report|FDA Revises Device Name in Glas Vape Authorization; Company Signals Optimism on Menthol, Flavored Pods
The FDA updated public records on the PMTA authorization of a Glas vape product, renaming “Glas G Device” to “Glas G² Device” and releasing the order letter detailing scientific review and marketing restrictions. Company disclosures suggest the platform may include age-verification technology. If confirmed, Glas G² could be the first vape with device-level age verification to receive an FDA MGO. Glas executives also said menthol and other flavored pods could gain authorization in the future.
Special Report
Mar.14
Imperial Brands to Close Langenhagen Cigarette Factory by 2027
Imperial Brands to Close Langenhagen Cigarette Factory by 2027
Imperial Brands said it will gradually close the Reemtsma factory in Langenhagen near Hanover by 2027 after efforts to find a buyer failed to produce a sustainable agreement. The factory has produced cigarettes since 1971 and currently affects around 600 employees. The company said it had examined all realistic options over recent months but did not receive a binding offer from a potential buyer.
Mar.27 by 2FIRSTS.ai