Court Ruling Favors US Cannabis Vaporizer Maker in Legal Dispute Against CCELL

Advanced Vapor Solutions Declared Winner in Patent Infringement Lawsuit

Shenzhen Smoore Technology Co. has lost a legal battle against Advanced Vapor Solutions (AVS), its US-based counterpart, after the International Trade Commission (ITC) ruled in favor of AVS in a lawsuit filed against them. Smoore had accused AVS of infringing on its patents by importing vape batteries into the US from China, but the ITC upheld an earlier decision by an administrative judge stating that AVS did not breach any of Smoore’s patents.

Smoore is well-known as the parent company of vaping brands like Vaporesso and the maker and supplier of 510-threaded batteries worldwide. Its FEELM atomizer is also used in numerous shut-system vape pods such as NJOY and RELX.

Details of the Court’s Decision

Smoore had initially filed a complaint against 50 US and China-based companies in 2021, alleging that these companies were importing their products and infringing on their patents. Smoore requested the United States International Trade Commission to issue cease and desist orders. Some of the US companies named in the suit were Atmos, Glo Extracts, and Advanced Vapor Systems, a leading US-based manufacturer of 510 batteries and carts for the legal cannabis industry. The investigation went on for nearly two years, but the ITC found no patent infractions, prompting Smoore to appeal, where they lost again.

Smoore claimed that AVS violated three of its patents covering vape batteries and accessories, but the ITC found no violation of the company’s or any other existing US patents. Smoore failed to show how these companies affected its market share, as it did not present any basis for a domestic market for its products.

Reasons for the Lawsuit

Smoore had filed a lawsuit against these companies alleging that they had stolen its intellectual property, particularly the design of 510 batteries and cartridges. As the market for these products is vast, with substantial profits to be made, tobacco companies and vaping businesses are keen to use the latest technology in their devices. These companies also want to brand the 510s with their logos and use them for promotional or commercial purposes.

With Smoore losing the case, American 510 manufacturers and vape businesses can now grow without worrying about inexpensive Chinese knock-offs flooding the market. The CEO of American Vapor Devices, Alex Kwon, called the ruling an “enormous victory for the US cannabis vaping sector.”

Impact on the Vaping Industry in the US

This ruling by the ITC is a rare instance of the federal government standing up for the domestic vaping industry, much to the relief of many industry observers. While it is only a small victory, the fact that American companies can operate with legal protection against infringements on their patents is heartening, and shows that small businesses are given the respect they deserve.