US Cannabis Vaporizer Maker Wins Legal Battle Against CCELL

Advanced Vapor Solutions Declared Winner in Patent Infringement Case

Advanced Vapor Solutions (AVS) emerged victorious in a lengthy legal exchange with China’s Shenzhen Smoore Technology (CCELL). The International Trade Commission (ITC) sided with AVS in a patent infringement case, initiated by CCELL, which accused AVS of importing vape batteries into the US illegally. The ITC found the allegations baseless and upheld a prior ruling by an administrative judge, dismissing the complaint against AVS.

CCELL is well-known for vaping brands like Vaporesso and is a supplier of 510-threaded batteries worldwide while also producing FEELM atomizers used in several closed-system vape pods like NJOY and RELX.

Legal Ruling

In 2021, CCELL had filed a complaint against 50 US and China-based companies, accusing them of importing its products into the US and infringing on the company’s patents. The company had registered its objections with the International Trade Commission (ITC) seeking cease and desist orders. However, the ITC found no breach of CCELL’s patents by any of the accused businesses. AVS was one of the firms named by CCELL.

Cannabis vaporizer makers score ‘definitive’ victory in patent dispute https://t.co/ct4Z3VGYFQ

— EIN Presswire: Patents Newswire (@EINPatentsNews) April 26, 2023

CCELL claimed that AVS had infringed on its legal patents concerning vape batteries and related accessories, which the ITC dismissed. CCELL’s lawsuit raised questions of intellectual property theft. It accused AVS and other US firms of stealing its 510 batteries and cartridges’ design, which both the individual and corporate customers use in closed-system vaping devices and pods. Tobacco manufacturers also seek to utilize the latest vaping technology that includes 510 batteries. As a result, branding opportunities exist, and companies want to commercialize them with their logos.

Why the Legal Battle Happened

The CCELL investigation, which took almost two years, was instituted to clamp down on companies that violated intellectual property rights. As a result, CCELL accused several businesses of infringing its patents. Its complaint included high-profile names like Glo Extracts, Atmos, and AVS.

CCELL lost the case after the ITC found no evidence of patent violations, marking a small yet valuable win for the US vaping industry, especially 510 and vaping devices’ manufacturers. The verdict is significant, as it clears the US market of cheap, Chinese knock-offs that could flood the sector and undermine legitimate business interests.

Impact on the US Vaping Industry

The ITC ruling is a positive development for the domestic vaping industry, which has faced significant regulatory headwinds in recent years. Although this one action might be little more than a drop in the ocean concerning reshaping the sector’s future, it does signal a positive trend. Small businesses can operate with the confidence that the ITC prioritizes their interests by protecting them against unfair competition.