What Happened in the Lawsuit?
A legal battle between two large vaping companies, Advanced Vapor Solutions (AVS), and Shenzhen Smoore Technology Co. (CCELL) has ended with AVS as the “definitive” winner. CCELL had named AVS in a lawsuit accusing the US cannabis vaporizer maker of infringing on CCELL’s patents by importing vape batteries into the US. However, the International Trade Commission (ITC) upheld an earlier judgement by an administrative judge, which found no patent violations by AVS.
Why Did the Lawsuit Occur?
CCELL had brought a complaint in 2021 against 50 US and China-based companies accusing them of importing Smoore products and passing them off as their own or creating new products based on CCELL’s patents. The ITC was requested to issue cease and desist orders, but after almost two years of investigation, the ITC found no patent violations among the companies named by CCELL.
In the lawsuit, CCELL claimed that AVS had infringed three of its legal patents concerning vape batteries and other accessories. But the ITC’s decision found no violation of any US patent, including those of CCELL.
What Does This Mean for the Vaping Industry?
The ITC’s decision is a rare instance of the federal government supporting the domestic vaping industry. American 510 manufacturers and vape businesses can now grow and expand without worrying about a market flooded with cheap, Chinese knock-offs.
510 batteries are a sought-after commodity, not only by individual consumers and large vaping concerns but also by tobacco companies that want to use the latest technology in their vaping devices. Moreover, there are branding opportunities available for many vaping-related companies (cannabis producers, e-juice makers, and other brands) who want to brand the 510s with their logos and use them for commercial or marketing purposes.
While this is only a minor win in the struggle for vaping rights, it still shows small businesses the respect they deserve and helps US companies continue to operate and expand.
Vaping Daily Team
The Vaping Daily team is a collective of expert vapers and reviewers who share their experiences of hundreds of vapes in guides, reviews, and top lists. Subscribe to e-mails to get vape news and deals.