Trade agency rules in favor of cannabis vaporizer companies in patent suit

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(This story has been updated to correct Advanced Vapor Devices’ name.)

The International Trade Commission (ITC) ruled in an initial determination that dozens of North American cannabis vaporizer companies did not infringe upon three patents owned by Shenzhen, China-based Smoore Technology Co.

Chief Administrative Law Judge Clark Cheney ruled in his Feb. 1 initial determination that Section 337 of the Tariff Act of 1930 was not violated “in the importation into the United States or the sale within the United States after importation of certain oil-vaping cartridges, components thereof, and products containing the same based on infringement” of three patents.

The ITC began its investigation in November 2021 after Smoore, the parent company of CCell, filed a complaint seeking to stop the import of cannabis vaping products sold or manufactured by 38 North American companies.

CCell produces the majority of ceramic vape cartridges for the U.S. cannabis industry.

James Richardson, senior managing director at Dentons’ Washington DC office, represented Seattle-based Advanced Vapor Devices – one of the companies named in the suit.

He told MJBizDaily via email that the initial determination is subject to final review by the full commission.