By Eric Schweibenz and Alex Englehart
On December 10, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Electronic Nicotine Delivery Systems and Components Thereof (Inv. No. 337-TA-1139).

By way of background, this investigation is based on a October 3, 2018 complaint filed by Juul Labs, Inc. of San Francisco, California alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain electronic nicotine delivery systems and components thereof that infringe one or more claims of U.S. Patent Nos. 10,070,669; 10,076,139; 10,045,568; and 10,058,130. See our October 3, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified the following entities as respondents in this matter:

  • J Well France S.A.S. of France
  • Bo Vaping of Garden City, New York
  • MMS Distribution LLC of Rock Hill, New York
  • The Electric Tobacconist, LLC of Boulder, Colorado
  • Vapor 4 Life Holdings, Inc. of Northbrook, Illinois
  • Eonsmoke, LLC of Clifton, New Jersey
  • ZLab S.A. of Uruguay
  • Ziip Lab Co., Ltd. of China
  • Shenzhen Yibo Technology Co., Ltd. of China
  • XFire, Inc. of Stafford, Texas
  • ALD Group Ltd. of China
  • Flair Vapor LLC of South Plainfield, New Jersey
  • Shenzhen Joecig Technology Co., Ltd. of China
  • Myle Vape Inc. of Jamaica, New York
  • Vapor Hub International, Inc. of Simi Valley, California
  • Limitless Mod Co. of Simi Valley, California
  • Asher Dynamics, Inc. of Chino, California
  • Ply Rock of Chino, California
  • Infinite-N Technology Ltd. of China
  • King Distribution LLC of Elmwood Park, New Jersey
  • Keep Vapor Electronic Tech. Co., Ltd. of China

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will participate as a party in the investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that David P. Shaw will be the presiding Administrative Law Judge in this matter.