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

ELFBAR Resolves Global Dispute Over "ELF" Trademark with VPR Brands LP
ELFBAR Resolves Global Dispute Over "ELF" Trademark with VPR Brands LP
ELFBAR announces global settlement with VPR Brands LP over "ELF" trademark dispute, covering major markets like US, Canada, UK.
Apr.01 by 2FIRSTS.ai
South Korea Set to Enforce Liquid Vape Ban in Smoke-Free Areas, but Welfare Ministry Abruptly Adds Two-Month Guidance Period
South Korea Set to Enforce Liquid Vape Ban in Smoke-Free Areas, but Welfare Ministry Abruptly Adds Two-Month Guidance Period
Local governments across South Korea recently issued press releases saying they would intensively crack down on the use of liquid e-cigarettes in smoke-free areas. Since the revised Tobacco Business Act, passed in December last year, included liquid e-cigarettes within the definition of tobacco and took effect on April 24, local authorities had prepared to begin enforcement immediately.
Apr.27 by 2FIRSTS.ai
Nearly 35.00% of Surveyed Retailers Shifted to Online Sales After Tighter Controls in Vietnam
Nearly 35.00% of Surveyed Retailers Shifted to Online Sales After Tighter Controls in Vietnam
A study of nearly 2,500 university students in Hanoi, Da Nang, Hue, and Ho Chi Minh City found that the average age of first use of e-cigarettes and heated tobacco products was 16.90. The findings were presented on April 9 in Hanoi. The study also found that 14.00% of students had tried e-cigarettes and 3.00% were current users, while the figures for heated tobacco were 6.00% and 0.80%. % of surveyed retail outlets moving to online sales.
Apr.10 by 2FIRSTS.ai
Nicokick and zone Extend NASCAR Collaboration for April 19 Kansas City Race
Nicokick and zone Extend NASCAR Collaboration for April 19 Kansas City Race
Nicokick.com said it will continue its collaboration with zone for a second year at the April 19 NASCAR race in Kansas City, appearing on Richard Childress Racing’s No. 8 Chevrolet driven by Kyle Busch. The 2026 race-weekend campaign for verified adult nicotine consumers aged 21 and older includes the exclusive launch of zone Cranberry and a limited-edition five-flavor mix pack selected by Busch.
Apr.16 by 2FIRSTS.ai
Swedish Government Minister Visits Nicotine Pouch Factory, Calls Sector Important Export Industry
Swedish Government Minister Visits Nicotine Pouch Factory, Calls Sector Important Export Industry
Sweden’s Minister for Foreign Trade and Development Cooperation, Benjamin Dousa, visited nicotine pouch producer Another Snus Factory on Monday, calling the sector an important export industry as several European countries tighten regulation of the products.The company produces about 30 million cans of white snus annually and holds roughly 12% of Sweden’s domestic market.
Apr.16
Russian Lawmaker Says Vape Circulation Licensing Will Be Regulated by Law in the Coming Months
Russian Lawmaker Says Vape Circulation Licensing Will Be Regulated by Law in the Coming Months
Alexander Tolmachev, deputy chairman of the Russian State Duma Committee on Youth Policy, said the issue of licensing vape circulation will be resolved at the legislative level in the coming months. He said a significant share of such products currently on the market are counterfeit, that their real nicotine concentration may be several times higher than stated, and that the composition of the liquid is unknown.
Mar.18 by 2FIRSTS.ai