10 November 2021

Oblon, McClelland, Maier & Neustadt, L.L.P

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On November 4, 2021, the ITC issued aNotice ofInvestigationinCertain Oil-Vaping Cartridges,Components Thereof, and Products Containing the Same(Inv. No. 337-TA-1286).

By way of background, this investigation is based on an October4, 2021complaintfiled by Shenzhen SmooreTechology Limited of China ("Smoore") alleging aviolation of section 337 by 38 respondents in the U.S., Canada, andHong Kong in the unlawful importation and/or sale in the U.S. ofcertain oil-vaping cartridges, components thereof, and productscontaining the same by reason of infringement of (1) certain claimsof Patent No. 10,357,623 ("the '623 patent"); U.S.Patent No. 10,791,763 ("the '763 patent"); U.S.Patent No. 10,791,762 ("the '762 patent"); and U.S.Registered Trademark No. 5,633,060 ("the '060mark").

According to the complaint, the '623 patent relatesgenerally to a vaporizer/atomizer device, which includes a liquidstorage cavity, where that cavity expressly excludes the presenceof a wick or other liquid-storage medium; the '763 patentrelates generally to a vaporizer/atomizer device, which includes aliquid storage cavity open at a mouthpiece end to the outsidebefore a mouthpiece is installed; and the '762 patent relatesgenerally to an electronic cigarette that includes avaporizer/atomizer assembly and a liquid storage cavity. The'060 mark is a standard character CCELL mark under which Smooremarkets, advertises, and sells vaporizer products, such aselectronic cigarettes, oral vaporizers for smokers, and vaporizescartridges. The accused products are atomizers, cartridges,mouthpieces, vaporizers, and vaping products used to inhalecannabidiol ("CBD") and/or marinal("THC"). Smoore is requesting that the Commissionissue limited exclusion orders and permanent cease-and-desistorders directed to respondents. According to the Notice ofInvestigation, the Office of Unfair Import Investigations willparticipate as a party in the investigation. Lastly, ChiefALJ Charles E. Bullock issued anoticeindicating that ALJ Clark S. Cheneywill preside in the investigation.

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ITC Institutes Investigation (337-TA-1286) In Certain Oil-Vaping Cartridges - Intellectual Property - United States - Mondaq News Alerts