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

KT&G to Complete New Indonesian Factory, Its Largest Overseas Production Hub
KT&G to Complete New Indonesian Factory, Its Largest Overseas Production Hub
According to Daily Hankooki, KT&G’s new factory in Indonesia will be completed this month and is scheduled to begin operations in February 2026. Once operational, the facility will have an annual production capacity of around 35 billion cigarettes, becoming the company’s largest overseas manufacturing base.
Nov.12 by 2FIRSTS.ai
Russia’s Vape Market Squeezed by Excise Hikes and Criminal Marking Rules
Russia’s Vape Market Squeezed by Excise Hikes and Criminal Marking Rules
According to Business FM, Russia’s vape and e-liquid supply has tightened since mid-Aug; by early Oct top liquids had largely disappeared and prices rose ~50% vs early summer. Shops cite a two-year excise hike to RUB 44/mL and, from Aug, criminal liability for unmarked goods (large-scale from RUB 100k), prompting withdrawals. Some chains report compliant substitutes. A bill would let regions ban vape sales.
Oct.30 by 2FIRSTS.ai
Over 1,900 e-cigarettes seized in Johor; Malaysia to enforce nationwide ban from 2016
Over 1,900 e-cigarettes seized in Johor; Malaysia to enforce nationwide ban from 2016
Over 1900 e-cigarette products seized in Johor shopping center; state-wide ban enforced since 2016; 10 illegal traders issued notices; national ban planned by 2026.
Oct.17 by 2FIRSTS.ai
Irish Cabinet to Consider Bill Banning Sale of Single-Use Vapes
Irish Cabinet to Consider Bill Banning Sale of Single-Use Vapes
Ireland’s Minister for Health, Jennifer Carroll MacNeill, will seek Cabinet approval today for the publication of the Public Health (Single-Use Vapes) Bill 2025, which proposes banning the retail sale of single-use or disposable vapes six months after becoming law. The measure aims to address the growing use of disposable vapes, particularly among young people, and close regulatory gaps around emerging nicotine products such as pouches.
Nov.18 by 2FIRSTS.ai
Product | LOST MARY, ELFBAR & VOZOL Debut 2 mL Replaceable-Pod Devices: Three-Model Comparison
Product | LOST MARY, ELFBAR & VOZOL Debut 2 mL Replaceable-Pod Devices: Three-Model Comparison
Several brands launch 2 mL replaceable-pod vapes—Lost Mary Glayce, ELFBAR ELFA “Stein,” VOZOL SLEEK—highlighting rechargeability, pod swaps, and a compliance- and sustainability-led trend.
Oct.27 by 2FIRSTS.ai
German Federal Council calls for ban on disposable vape, government resists change
German Federal Council calls for ban on disposable vape, government resists change
Germany's Federal Council calls for ban on disposable e-cigarettes due to environmental and economic threats, sparking debate.
Oct.14 by 2FIRSTS.ai