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

Russian Vape GOST Revision Would Limit Capacity, Packaging Design and Warning Labels
Russian Vape GOST Revision Would Limit Capacity, Packaging Design and Warning Labels
Russia is preparing changes to its e-cigarette state standard GOST R 58109–2018. Under a draft order submitted to Rosstandart, the shelf life of vape devices and liquids would be limited to no more than two years, and capacity would be strictly capped at 2 mL for replaceable capsules, 10 mL for disposable systems and 30 mL for refill containers.
Apr.27 by 2FIRSTS.ai
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
New Zealand Vape Company Alt Becomes Government Partner After Suing Over Nicotine Limits
New Zealand Vape Company Alt Becomes Government Partner After Suing Over Nicotine Limits
Health NZ signed a NZD 500,000 contract with New Zealand-owned vape company Alt NZ Limited in December 2025 for its free vape kit programme for smokers, with more than 7,000 kits distributed so far.
Mar.23 by 2FIRSTS.ai
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS Urges USTR to Address Illegal E-Cigarette Exports in China Trade Engagements
NACS submitted a comment letter to USTR in a proceeding examining unfair trade practices worldwide. The letter focuses on illicit nicotine products made in China and shipped to the United States in violation of U.S. law. NACS said the U.S. electronic nicotine delivery systems market has become dominated by illicit products, mainly disposable e-cigarettes manufactured in China and sold without the marketing authorization required by the U.S. Food and Drug Administration.
Apr.16 by 2FIRSTS.ai
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
West Virginia Bill Would Direct USD 2.9 Million of Juul Settlement to Youth Tobacco and Vaping Prevention
A bill completed during West Virginia’s 2026 regular legislative session would make a one-time allocation of USD 2.9 million from the state’s USD 7.9 million settlement with Juul to youth tobacco prevention and cessation programs.
Mar.19 by 2FIRSTS.ai
Delaware Tax Proposal Targets Vapes, Nicotine Pouches and Other Tobacco Products
Delaware Tax Proposal Targets Vapes, Nicotine Pouches and Other Tobacco Products
Delaware’s latest tobacco tax increase bill cleared its first House committee hurdle on April 22. Backed by House Speaker Melissa Minor-Brown, the bill would raise the cigarette tax from $2.10 to $3.60 per pack and increase taxes on moist snuff, vapor products and other tobacco products.
Apr.24 by 2FIRSTS.ai