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

FCTC: Global tobacco control treaties to address nicotine addiction, tobacco’s impact on the environment and illicit tobacco trade
FCTC: Global tobacco control treaties to address nicotine addiction, tobacco’s impact on the environment and illicit tobacco trade
More than 1,400 delegates will gather in Geneva as two major global tobacco control treaties convene to address rising nicotine addiction, environmental harms, and illicit tobacco trade—key discussions that could shape the future of global tobacco control policy.
Nov.14
NZ Issues National High Alert on Etomidate-Laced Vapes After Hospitalisations
NZ Issues National High Alert on Etomidate-Laced Vapes After Hospitalisations
New Zealand’s High Alert drug harm monitoring system has issued a public High Alert warning after multiple hospitalisations linked to illicit vape pods containing the anaesthetic etomidate. Known on the street as space oil, k-pods, or eto, these vapes were first detected in January 2025. Customs has since seized additional samples, and clinics nationwide report rising cases of poisoning and hypoglycaemia.
Nov.04 by 2FIRSTS.ai
Research Report: E-Cigarette Device Market to Hit $34.29 Billion by 2031; Top Brands Now Hold Nearly Half the Share
Research Report: E-Cigarette Device Market to Hit $34.29 Billion by 2031; Top Brands Now Hold Nearly Half the Share
Market research firm LP Information has released a global e-cigarette market report forecasting that the e-cigarette device market—including both disposable and reusable devices—will reach US$34.29 billion by 2031, with a 9.4% CAGR from 2025 to 2031.
Oct.16
Russian Police Seize Over 150,000 Counterfeit E-Cigarettes Worth More Than USD 1.65 Million
Russian Police Seize Over 150,000 Counterfeit E-Cigarettes Worth More Than USD 1.65 Million
Russian police in Tambov have detained a man for storing and selling unmarked e-cigarettes. Over 150,000 counterfeit e-cigarettes, cartridges, and e-liquids were seized, valued at more than 126.5 million rubles (approximately USD 1.65 million). Tests revealed that the nicotine content of the seized products exceeded the levels stated on their packaging. A criminal case has been opened under Article 171.1, Part 6 of the Russian Criminal Code.
Dec.09 by 2FIRSTS.ai
Latvia’s Constitutional Court Upholds Vape Flavor Ban as Constitutional
Latvia’s Constitutional Court Upholds Vape Flavor Ban as Constitutional
The Constitutional Court of Latvia upheld the 2025 vape-flavor ban as constitutional, rejecting appeals by Pro Vape and SIA MASS Industry. Judges said the restrictions serve a legitimate public-health purpose by protecting youth from nicotine addiction and that the social benefits outweigh business losses.
Oct.24 by 2FIRSTS.ai
Philippine police seize illegal cigarettes and e-cigarettes worth USD 206,400, arrest four suspects
Philippine police seize illegal cigarettes and e-cigarettes worth USD 206,400, arrest four suspects
CIDG-Laguna Provincial Field Unit seizes $200k worth of illegal cigarettes and e-cigarettes, arrests four suspects. PNP vows to continue crackdown.
Nov.28 by 2FIRSTS.ai