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

USITC Issues Final Ruling in 337-TA-1392 Investigation, Imposes Limited Exclusion Order and Cease and Desist Orders
USITC Issues Final Ruling in 337-TA-1392 Investigation, Imposes Limited Exclusion Order and Cease and Desist Orders
USITC issues final ruling on oil vaporizing devices, components violating tariff law, with limited exclusion order and cease-and-desist orders.
Jan.21 by 2FIRSTS.ai
Fiscal benefit, not health, strongest indicator for vape bans – Contributed by Samrat Chowdhery
Fiscal benefit, not health, strongest indicator for vape bans – Contributed by Samrat Chowdhery
Data shows 75% of nations with state stakes in tobacco trade ban modern substitutes compared to 10% in the free-market group. What is driving these divergent regulations?
Feb.04
Kentucky lawmaker proposes directing Juul settlement funds to youth vaping prevention
Kentucky lawmaker proposes directing Juul settlement funds to youth vaping prevention
A Kentucky state senator has filed Senate Bill 74 to steer settlement money the Commonwealth received from vaping manufacturer Juul Labs into youth vaping prevention and cessation efforts.
Jan.14 by 2FIRSTS.ai
China Boton Group Resumes Trading, Soars 55.56% to 52-Week High; Signs Land Acquisition Agreement with Shenzhen Government - Reuters/AP
China Boton Group Resumes Trading, Soars 55.56% to 52-Week High; Signs Land Acquisition Agreement with Shenzhen Government - Reuters/AP
China Boton Group (HK.3318) resumed trading on December 10, opening at 2.800 HKD and surging 55.56%.
Dec.10 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
Australian Government launches new phase of “Give Up For Good” to help people quit smoking and vaping
Australian Government launches new phase of “Give Up For Good” to help people quit smoking and vaping
On January 19, 2026, the Australian Government launched a new phase of the “Give Up For Good” campaign, adding resources and support for Australians looking to quit smoking and vaping.
Jan.19 by 2FIRSTS.ai