Commission Rethinks Rules on Patent-Busting Disposable Vapes
Published Date: 1/14/2026
Notice
Summary
The U.S. International Trade Commission is taking a second look at a decision about certain disposable vape devices that might be breaking patent rules. This affects vape makers and sellers, especially those importing products into the U.S., and could lead to new rules or restrictions soon. The Commission is asking for input on how to handle the situation, including possible penalties and public interest concerns.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Imports could be blocked by exclusion orders
The Commission may order a general exclusion order (GEO) covering claims 4 and 12 of U.S. Patent No. 11,925,202 or a limited exclusion order covering infringing disposable vaporizer articles imported by or on behalf of each respondent. If issued, those orders could stop the listed products from being admitted into the United States.
Bonding could require 136% deposit during review
The administrative law judge recommended a bond of 136% of the entered value of infringing articles during the Presidential (U.S. Trade Representative) review period. The U.S. Trade Representative has 60 days to act on any remedy, and during that period subject articles may enter the United States only under bond in an amount determined by the Commission and prescribed by the Secretary of the Treasury.
Cease-and-desist orders could halt U.S. sales
If the Commission orders a remedy, it could also issue cease-and-desist orders requiring respondents to stop engaging in unfair acts in the importation and sale of the infringing disposable vaporizer devices. Those orders could require affected companies to stop selling specific products in the United States.
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