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

Alan Zhao: China’s High-Level Crackdown on Illicit Tobacco and Vaping Will Reshape the Global Market
Alan Zhao: China’s High-Level Crackdown on Illicit Tobacco and Vaping Will Reshape the Global Market
Alan Zhao wrote an article interpreting China's highest-level law enforcement action against illegal tobacco and e-cigarettes. He believes that this is not only an upgrade of domestic governance but will also have a profound impact on the global new tobacco supply chain and market pattern.
Dec.19 by 2Firsts Perspectives
Spain’s Competition Authority Questions Disposable Vape Ban
Spain’s Competition Authority Questions Disposable Vape Ban
Spain’s National Commission on Markets and Competition (CNMC) has issued an opinion on the draft reform of the Tobacco Law proposed by the Ministry of Health, urging reconsideration of several measures. These include a proposed ban on disposable e-cigarettes and the full alignment of vaping products with traditional tobacco regulation.
Dec.17 by 2FIRSTS.ai
KT&G says lil reached about US$2.924 billion in cumulative sales and is expanding overseas
KT&G says lil reached about US$2.924 billion in cumulative sales and is expanding overseas
KT&G said its HNB brand lil has grown since launch, reporting KRW 7.8 billion (about US$5.304 million) in sales in 2017 and about KRW 4.3 trillion (about US$2.924 billion) in cumulative sales by last year’s third quarter, with KRW 5 trillion (about US$3.400 billion) described as within reach. KT&G said lil has entered more than 30 countries and supplies some products abroad via a partnership with PMI.
Jan.13 by 2FIRSTS.ai
Singapore HSA bust links two vape warehouses; Malaysian man jailed 41 weeks
Singapore HSA bust links two vape warehouses; Malaysian man jailed 41 weeks
HSA officers in Singapore staked out a Bishan warehouse after a tip-off and found a Malaysian man in a site containing thousands of vaporisers and components. Checks on his phone led to a second warehouse in Ubi with large quantities of devices and parts.
Jan.07 by 2FIRSTS.ai
British American Tobacco Introduces Facial Age Verification in Italy, Pilot Covers 119 Stores
British American Tobacco Introduces Facial Age Verification in Italy, Pilot Covers 119 Stores
British American Tobacco’s Italian unit is partnering with digital identity firm Yoti to pilot facial-scan age verification at 119 pop-up stores nationwide, aiming to supplement traditional ID checks and prevent underage purchases of tobacco and nicotine products.
Dec.25 by 2FIRSTS.ai
Around 58,000 counterfeit vapes and tobacco seized from UK 's Hampshire streets over the past year
Around 58,000 counterfeit vapes and tobacco seized from UK 's Hampshire streets over the past year
UK's Hampshire Trading Standards says around 58,000 counterfeit vapes and tobacco products have been seized from Hampshire over the last year. Richard Strawson, Hampshire’s Head of Trading Standards, said officers often find vape products disguised under fake branding.
Jan.05 by 2FIRSTS.ai