R.J. Reynolds asserts patent in ITC trial against dozens of respondents over disposable vaporizers

Client(s) R.J. Reynolds Vapor Company

On behalf of R.J. Reynolds ("Reynolds") entities, Jones Day successfully obtained a Final Initial Determination and Recommended Determination on Remedy and Bond in Reynolds's favor in a Section 337 patent infringement investigation before the International Trade Commission (ITC). The Administrative Law Judge (ALJ) found that dozens of respondents infringed Reynolds's patent in connection with the respondents' manufacture, importation, and distribution of disposable vaping devices. The ALJ also found that Reynolds demonstrated that a general exclusion order—excluding respondents' infringing products and third parties' infringing products alike—was appropriate in this case, and the ALJ recommended cease-and-desist orders against the domestic respondents with substantial inventory of the infringing products. The Commission disagreed with the ALJ on validity.

Certain Disposable Vaporizers, Inv. No. 337-TA-1410 (ITC)