ITC to Consider Second Section 337 Probe of Imported Vaping Devices

August 25, 2023 by Ben Perkins|AD/CV - Patent

Comments are due to the International Trade Commission by Sept. 5 in a potential Section 337 investigation on electronic nicotine delivery systems, also known as vaporizer devices, according to a notice released Aug. 25.

The request for comments followed an Aug. 22 complaint by Njoy, which alleged Juul Labs imports vaporizers and cartridges that infringe on two of Njoy's patents covering electronic vaporizer power sources. Njoy asked for a permanent limited exclusion order against Juul products and a cease and desist order.

The ITC already is investigating whether Njoy and Altria have imported vaporizers and accessories that infringe on five of Juul's patents (see 2308070026).