Notice2025-03670
Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 and, on Review, To Affirm the Finding of No Violation; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 7, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination ("ID") issued by the presiding administrative law judge ("ALJ") on December 5, 2024, finding no violation of section 337 in the above-referenced investigation and, on review, to affirm the finding of no violation. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 44 (Friday, March 7, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 44 (Friday, March 7, 2025)]
[Notices]
[Pages 11547-11548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03670]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1372]
Certain Vaporizer Devices, Cartridges Used Therewith, and
Components Thereof; Notice of a Commission Determination To Review in
Part a Final Initial Determination Finding No Violation of Section 337
and, on Review, To Affirm the Finding of No Violation; Termination of
the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on December 5, 2024, finding no violation of section 337 in
the above-referenced investigation and, on review, to affirm the
finding of no violation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#51141518026219343d211124223825327f363e27"><span class="__cf_email__" data-cfemail="87c2c3ced4b4cfe2ebf7c7f2f4eef3e4a9e0e8f1">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 26, 2023, the Commission
instituted this investigation based on a complaint filed by NJOY, LLC
of Scottsdale, Arizona (``NJOY''). 88 FR 66050 and 66051 (Sept. 26,
2023). The complaint alleged violations of section 337 based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain vaporizer
devices, cartridges used therewith, and components thereof by reason of
infringement of claims 1-48 of U.S. Patent No. 11,497,864 (``the '864
patent'') and claims 1, 3, 4, 6-9, 11, 12, 14-17, 19, 20, 22, 23, and
25-27 of U.S. Patent No. 10,334,881 (``the '881 patent''). The
Commission's notice of investigation named JUUL Labs, Inc. of
Washington, DC (``JLI'') as the sole respondent. Id. The Office of
Unfair Import Investigations was named as a party in the investigation.
Id.
On April 30, 2024, the ALJ issued Order No. 44, granting
Complainant's motion to terminate the investigation with respect to (i)
claims 2-18, 20-25, and 27 of the '881 patent; and (ii) claims 1, 3-8,
11, 14, 17-19, 21-25, and 27-48 of the '864 patent based on the
withdrawal of allegations in the Complaint relating thereto. Order No.
44 (Apr. 30, 2024), unreviewed by Comm'n Notice (May 20, 2024). At the
time of the final ID, NJOY continued to assert claims 2, 9, 10, 12, 13,
15, 16, 20, and 26 of the '864 patent, and claims 1, 19, and 26 of the
'881 patent.
On December 5, 2024, the presiding ALJ issued a final ID on
violation of section 337 and recommended determination on remedy and
bond finding no violation of section 337. The ID found that a violation
of section 337 has not occurred by the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain vaporizer devices, cartridges used
therewith, and components thereof based on infringement of the '881 and
'864 patents. The ID found that the economic prong of the domestic
industry requirement has not been satisfied with respect to any of the
asserted patents. The ID also found that the technical prong of the
domestic industry requirement was satisfied with respect to the '864
patent, and was not satisfied with respect to the '881 patent. The ID
further found that it has not been shown by clear and convincing
evidence that the asserted claims of the asserted patents are invalid.
On December 18, 2024, the Chair granted NJOY's request for all
parties to file petitions for Commission review of the Final ID on
December 23, 2024, and responses to the petitions on January 8, 2025.
On December 23, 2024, complainant NJOY filed ``Complainant's
Petition for Review of Initial Determination on Violation of Section
337.'' On the same day, respondent JLI filed ``Respondent JUUL Labs,
Inc.'s Contingent Petition for Review of the Initial Determination on
Violation of Section 337.'' On January 8, 2025, respondent JLI and
complainant NJOY filed ``Respondent JUUL Labs,
[[Page 11548]]
Inc.'s Response to Complainant's Petition of Review of Initial
Determination on Violation of Section 337'' and ``Complainant's
Response to Respondent's Contingent Petition for Review of Initial
Determination on Violation of Section 337,'' respectively. On the same
day, OUII filed ``Response of the Office of Unfair Import
Investigations to the Private Parties' Petitions for Review of the
Initial Determination On Violation of Section 337.''
Having examined the record in this investigation, including the
final ID, the petitions for review, and the responses thereto, the
Commission has determined to review in part the ID and, on review, to
affirm the final ID with the following modifications. Specifically, the
Commission has determined to review the ID's non-infringement findings
with respect to the '864 patent for the limited purpose of
supplementing the ID's citation on the fifth line from the top on page
39 of the ID, which shall read as follows: ``NJOY Br. at 22-23; see
also CX-2221C.0023-24 (describing the JUULpod as including the
mouthpiece); Dahm Tr. at 995:19-1004:22 (describing the mouthpiece as
part of the housing that contains all the device internals).'' The
Commission has also determined to review the ID's findings regarding
the economic prong of the domestic industry requirement with respect to
the '864 and '881 patents and, on review, to take no position on these
findings. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1424 (Fed. Cir.
1984).
The Commission has determined not to review the remainder of the
ID, including the ID's finding of no violation of section 337.
The investigation is hereby terminated.
The Commission vote for this determination took place on March 3,
2025.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: March 3, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-03670 Filed 3-6-25; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 7, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.