Background
Advanced Vapor Solutions (AVS) has emerged victorious in a legal battle against Chinese vaping giant, Shenzhen Smoore Technology Co. (CCELL), as the US International Trade Commission (ITC) upheld an earlier ruling that AVS did not infringe on Smoore’s patents by importing vape batteries into the US.
The dispute began in 2021, when Smoore accused 50 US and China-based companies of violating its patents for 510-threaded batteries. The claim included AVS, which makes 510 batteries for the legal cannabis industry in the US. However, after an almost two-year investigation, the ITC found no violations and upheld the original ruling.
The Court’s Decision
The ITC ruled in favor of AVS, stating that the company did not infringe on the Chinese company’s patents. This decision was particularly significant since Smoore has ownership of popular vape brands like Vaporesso and is the maker and supplier of 510-threaded batteries worldwide, with its FEELM atomizer being used in various closed-system vaporisers such as NJOY and RELX.
Significance for the Vaping Industry
Although a single victory may not change the current mood regarding vaping and vapers in the US completely, the ITC ruling is an important win for the domestic vape industry, especially smaller businesses. It signals the federal government’s support for the US vaping industry, a rare instance in recent years. US vaping businesses can now concentrate on growing and expanding their operations without the fear of cheap Chinese knock-offs flooding the market.
In Conclusion
AVS’s win against CCELL in the US Court further cements the domestic 510 battery and cartridge industry as a profitable enterprise. It also validates the need to protect intellectual property and patents within this field.
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