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ITC Rules Against CCell In Patent Lawsuit

In an initial judgment on February 1st, the International Trade Commission (ITC) ruled against Shenzhen Smoore, a China-based company known as one of the leading providers of vaping technology solutions and the parent company of CCell. 

This determination stated that, contrary to the claims made, dozens of North American companies involved in the manufacturing and production of cannabis vaporizers did not infringe upon three patents owned by Smoore. 

The ruling, made by Chief Administrative Law Judge Clark Cheney, found that there was no violation by AVD’s cartridges, components, or products under Section 337 of the US Tariff Act of 1930. 

Specifically, he stated no violation “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.”

A Dark Cloud Over The Vape Industry

It is estimated that 1 in every 20 Americans vapes. In 2022, data from the National Youth Tobacco Survey (NYTS) revealed that as many as 2.5 million US middle and high school students were currently using e-cigarettes, almost 85% of whom used flavored e-cigarettes. 

The high demand for vapes has increased steadily over the past few years. There is no indication that this number is expected to drop in the upcoming months as all trends look to upward demand for even more vapes and vaping products in the future. 

Given that fact, those who stand to lose have seen this matter as a looming dark cloud hanging over the vape hardware industry since November 2021.  

Outlining The Claims

As for the specifics of the claims, Smoore stated that other cannabis vape businesses were copying their patented creations used for their vape hardware and using various means to pass them off as CCell vaping products. 

They even requested that the ITC issue a permanent cease-and-desist order and a limited exclusion order to establish a safe supply chain for vape products.

This was an attempt to stop the import of cannabis vaping products that were being sold or manufactured by a total of 38 North American companies, all of which were listed in their official complaint. 

Disrupting The Vaping Industry

These claims disrupted the industry, brought current practices into question, and subsequently caused great speculation along with wild claims made by companies on both sides of the discussion. 

This resulted because if the claims were to be substantiated, it would bring about a total change and overhaul in the industry for all parties involved. It was, therefore, a way in which they attempted to make sense of what this would mean for their companies and competitors. 

The discussions were also fuelled by considerations surrounding the fact that CCell is the primary producer of ceramic vape cartridges for the cannabis industry in the United States.  

Looking Ahead

Though promising, this initial determination by Judge Clark Cheney still has to undergo a final review by the full commission. Though a date has not yet been determined, stakeholders are on standby and eagerly awaiting this review. 

With other changes and advances continuously taking place as regards psychedelics and the cannabis industry across America, it’s set to be quite a busy year for legislation. Be on the lookout for a new wave of psychedelic legislation and reform. There’s also an uptick in states legalizing the adult use of marijuana or, as seen in the case of South Carolina, medical marijuana

Disrupting The Vaping Industry

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