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

Special Report | China’s New Five-Year Plan Highlights “Health-First” Strategy, Providing Policy Context for Tobacco Sector
Special Report | China’s New Five-Year Plan Highlights “Health-First” Strategy, Providing Policy Context for Tobacco Sector
China’s 2026 “Two Sessions” reviewed the draft Outline of the 15th Five-Year Plan, which proposes implementing a health-first development strategy and strengthening the effectiveness of the Patriotic Health Campaign. Although the document does not address specific industries, this public-health governance framework provides a new policy context for observing the future regulation, product strategies, and market development of China’s tobacco and next-generation nicotine sectors.
Industry Insight
Mar.08
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
Philip Morris and BAT’s Nicoventures Win EPO Appeal to Revoke VMR Vape Patent
The EPO Technical Board of Appeal 3.2.02 (T 1319/24) revoked VMR Products LLC’s EP3613453 “VAPORIZER” patent after finding that a 2012 YouTube video of the Innokin iTaste VV (D3) disclosed the claimed electrical contact arrangement. Opponents Nicoventures Trading Ltd (BAT subsidiary) and Philip Morris Products S.A. prevailed.
BATPMI
Feb.17
Philip Morris Korea launches TEREA “Shine Pearl” for IQOS ILUMA, expands capsule range to seven variants
Philip Morris Korea launches TEREA “Shine Pearl” for IQOS ILUMA, expands capsule range to seven variants
Philip Morris Korea said on Feb. 5 it has introduced “TEREA Shine Pearl,” a new TEREA stick designed for the IQOS ILUMA heated-tobacco device. The company said the product delivers a cool sensation and adds a fresh, fruity note when the capsule is crushed, bringing TEREA’s capsule-based lineup in South Korea to seven variants.
Feb.05 by 2FIRSTS.ai
PMI Faces Setback in India: Global Regulatory Fragmentation Complicates Its Smoke-Free Transition
PMI Faces Setback in India: Global Regulatory Fragmentation Complicates Its Smoke-Free Transition
India has reaffirmed its 2019 ban on e-cigarettes and heated tobacco devices, effectively blocking Philip Morris International (PMI) from launching IQOS in the country despite years of lobbying. Together with Taiwan, China’s conditional opening of heated tobacco products, and Japan’s planned 2026 excise tax hikes, these moves highlight increasingly divergent national regulatory pathways—an external uncertainty shaping PMI’s smoke-free growth trajectory.
Feb.12
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
A Louisiana lawmaker has introduced HB 302, which would prohibit businesses from selling vapor products within 300 feet of schools. The bill would measure the distance by a person walking on the sidewalk from the nearest point on school property to the nearest point of the business. It would also give the commissioner authority to modify how the distance is calculated, while maintaining the 300-foot limit.
Feb.26 by 2FIRSTS.ai
BAT CEO Says 2026 Return to Growth Hinges on U.S. Enforcement, Highlights Oral Leadership
BAT CEO Says 2026 Return to Growth Hinges on U.S. Enforcement, Highlights Oral Leadership
British American Tobacco said 2026 will mark a return to its mid-term growth algorithm, but CEO Tadeu Marroco stressed that deliverywill depend heavily on enforcement against illicit vapour products in the United States. Speaking at the FY2025 results call, he positioned Modern Oral as the company’s primary structural growth engine, reframed accelerating cigarette declines through “poly-usage,” and reinforced capital discipline with an expanded share buyback plan.
Feb.12