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

Malaysia anti-tobacco groups call for stronger enforcement as unregulated vapes remain on sale offline and online
Malaysia anti-tobacco groups call for stronger enforcement as unregulated vapes remain on sale offline and online
Anti-tobacco groups in Malaysia say the continued sale of unregulated vapes in physical stores and the online availability of vape devices underline the need for comprehensive enforcement.
Mar.02 by 2FIRSTS.ai
Glasgow bin lorry fires spark calls to broaden vape and battery disposal messaging
Glasgow bin lorry fires spark calls to broaden vape and battery disposal messaging
Glasgow residents have been warned that throwing batteries and vapes away at home can endanger refuse workers, amid bin lorries catching fire. The city council said it will launch a communications campaign next month to tell people to place batteries in special bins at supermarkets or household waste recycling centres, supported by a dedicated web page listing other disposal sites.
Feb.11 by 2FIRSTS.ai
KT&G Integrates “lil Aible” Dedicated Stick Lineup Under the “AIIM” Brand
KT&G Integrates “lil Aible” Dedicated Stick Lineup Under the “AIIM” Brand
KT&G said it will integrate the Real, Granular and Vapor Stick product lines for its heated tobacco device “lil Aible” under the “AIIM” brand. The company said the brand integration is intended to organize the existing lineup more intuitively and improve consumer accessibility and convenience.
Mar.18 by 2FIRSTS.ai
DTI drafts administrative order proposing an open-pod and e-liquid ban and opens it for public consultation
DTI drafts administrative order proposing an open-pod and e-liquid ban and opens it for public consultation
Department of Trade and Industry’s (DTI) proposed move to restrict harmful vape products to protect young people, but said only a total ban on all vaping and novel tobacco products would effectively safeguard public health. The group warned that limiting rules to certain products such as open pods and e-liquids could create a “dangerous behavioral loophole,” leading users—especially youth—to switch to disposable or closed-system alternatives instead of quitting.
Feb.10 by 2FIRSTS.ai
China Tobacco Hubei Industrial Co., Ltd Tests New Gas Release Nicotine Pouch Technology, According to Patent Documents
China Tobacco Hubei Industrial Co., Ltd Tests New Gas Release Nicotine Pouch Technology, According to Patent Documents
China Tobacco Hubei Industrial Co., Ltd applies for patents on new nicotine pouch technology with gas release feature.
Mar.04 by 2FIRSTS.ai
UK Court Sentences Shrewsbury Retailer for Illegal Vape and Counterfeit Tobacco Sales
UK Court Sentences Shrewsbury Retailer for Illegal Vape and Counterfeit Tobacco Sales
A UK local authority has secured convictions against a Shrewsbury retailer and its former director for selling illegal disposable vapes, counterfeit tobacco and a nicotine vape to a minor, highlighting continued enforcement against non-compliant nicotine products.
Feb.05 by 2FIRSTS.ai