The U.S. ITC issued a final ruling on part 337 of e-cigarette products: Bidi Vapor reached a consent order agreement and terminated the patent infringement investigation

The U.S. ITC issued a final ruling on part 337 of e-cigarette products: Bidi Vapor reached a consent order agreement and terminated the patent infringement investigation

The US ITC announced that it would terminate the investigation of the listed defendant Bidi Vapor, LLC of Orlando, FL and issue a consent order based on the consent order.

Recently, the US International Trade Commission (ITC) announced that it had made a 337-part final ruling on certain electronic cigarette products (Certain Disposable Vaporizer Devices, investigation code: 337-TA-1410): the initial ruling (No. 26) made by the administrative judge of this case on November 5, 2024 would not be reviewed, that is, based on the consent order, the investigation of the listed defendant Bidi Vapor, LLC of Orlando, FL was terminated and a consent order was issued.

This means that the ITC officially terminated the investigation of Bidi Vapor, LLC. This ruling is based on the consent order agreement reached between Bidi Vapor and relevant parties.

ITC officially terminates investigation into Bidi Vapor | Source: ITC, U.S.

The investigation was initiated by RAI Strategic Holdings, Inc., R.J. Reynolds Vapor Company, R.J. Reynolds Tobacco Company, and RAI Services Company (collectively, the "complainants") on July 22, 2024. These companies allege that certain disposable atomizers violated Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) during import, sale, and use in the United States by infringing their U.S. patents (Patent No.: 11,925,202). The Commission investigated 35 companies from the United States, China, and other places, including the defendant Bidi Vapor, LLC.

During the course of the case, the respondent Jisheng Technology was removed from the investigation due to the consent order, and several companies such as Aiqiqi were identified as absent defendants in absentia.

On November 1, 2024, Bidi Vapor filed a motion with the Commission requesting the termination of the investigation against it based on the consent order agreement. Neither the complainant nor the Office of Fair Import Investigations (OUII) raised any objections. On November 5, 2024, the administrative law judge ruled that Bidi Vapor's request met the requirements of the Commission's rules and terminated its investigation.

On December 5, 2024, the Commission voted not to review the preliminary determination and issued a consent order against Bidi Vapor.