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

Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
Philippines DOH reiterates: vaping is not safer than smoking, citing irreversible health risks
The Philippine Department of Health reiterated Saturday that vaping should not be promoted as an alternative to cigarette smoking, Health Secretary Teodoro “Ted” Herbosa said in a radio interview, according to the Tribune. Herbosa said both vaping and smoking pose irreversible health risks and cited E-cigarette or Vaping Product Use-Associated Lung Injury (EVALI), claiming it led to the death of a 22-year-old male with no smoking history in 2025.
Feb.28 by 2FIRSTS.ai
Morocco rolls out compulsory rules for e-cigarettes, muassel and nicotine pouches
Morocco rolls out compulsory rules for e-cigarettes, muassel and nicotine pouches
Starting February 2026, Morocco will apply its first mandatory standard governing “smoke-free” products—covering e-cigarettes, muassel and nicotine pouches. Drafted by IMANOR, the standard introduces detailed requirements on composition, labelling, traceability and safety, and will apply to imported products. Consumer advocates say clear labelling and traceability are essential, while urging stronger public-awareness efforts and resources.
Feb.03 by 2FIRSTS.ai
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
The EPO Technical Board of Appeal 3.2.02 (T 1319/24) revoked VMR Products LLC’s EP3613453 “VAPORIZER” patent after finding that a 2012 YouTube video of the Innokin iTaste VV (D3) disclosed the claimed electrical contact arrangement. Opponents Nicoventures Trading Ltd (BAT subsidiary) and Philip Morris Products S.A. prevailed.
BATPMI
Feb.17
Maryland middle school incident: 11-year-olds found with a THC vaping device; juvenile citations issued
Maryland middle school incident: 11-year-olds found with a THC vaping device; juvenile citations issued
The BayNet reports that on Feb. 5 at about 1:35 p.m., an 11-year-old student at Davis Middle School in Waldorf, Maryland, was found in possession of a vaping device containing THC. Further investigation found that two other 11-year-old students also possessed the same vaping device at different points during the day.
Feb.09 by 2FIRSTS.ai
West Virginia Governor Signs Bill Directing USD 2.9 Million From Juul Settlement to Youth Tobacco Prevention
West Virginia Governor Signs Bill Directing USD 2.9 Million From Juul Settlement to Youth Tobacco Prevention
The American Cancer Society Cancer Action Network said West Virginia Governor Patrick Morrisey has signed House Bill 5691 into law, directing USD 2.9 million from the Juul settlement to youth tobacco prevention and programs that help people quit. The bill is a supplemental appropriation measure, and the Legislature’s bill history shows it passed the House on March 11, passed the Senate on March 13 and was sent to the governor on March 18.
Mar.20 by 2FIRSTS.ai
Guam names retailers fined for selling tobacco to under-21 customers; penalties range from $2,000 to $4,000
Guam names retailers fined for selling tobacco to under-21 customers; penalties range from $2,000 to $4,000
Guam disclosed enforcement details for its 2025 tobacco retail compliance program, showing a 97.1% compliance rate among 277 inspected retailers. Nine violations were recorded, including eight underage sales cases and one signage violation, with fines ranging from $500 to $4,000.
Feb.10 by 2FIRSTS.ai