JUUL Wins Vape Patent Fight: ITC Drops NJOY Complaint Cold
Published Date: 3/7/2025
Notice
Summary
The U.S. International Trade Commission looked into a complaint by NJOY against JUUL about certain vaporizer devices and parts. After reviewing the case, they decided there was no violation of trade rules and ended the investigation. This means JUUL can keep selling their products without any penalties or delays.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Investigation ended; no Section 337 violation
The U.S. International Trade Commission reviewed an initial determination and, on March 3, 2025, affirmed that there was no violation of section 337 in Investigation No. 337-TA-1372 and terminated the investigation. The Federal Register notice publishing the termination appeared on March 7, 2025.
Economic domestic-industry finding left undecided
The ALJ's final initial determination found that the economic prong of the domestic industry requirement was not satisfied for the asserted patents. On review, the Commission determined to review those findings with respect to the '864 and '881 patents and, on review, to take no position on the economic-prong findings.
Many asserted patent claims withdrawn
By ALJ Order No. 44 (Apr. 30, 2024), the complaint was terminated with respect to: claims 2-18, 20-25, and 27 of U.S. Patent No. 10,334,881; and claims 1, 3-8, 11, 14, 17-19, 21-25, and 27-48 of U.S. Patent No. 11,497,864, based on withdrawal of allegations. At the time of the final initial determination, the complainant continued to assert a smaller set of claims.
Technical domestic-industry findings split across patents
The ALJ found the technical prong of the domestic industry requirement satisfied for U.S. Patent No. 11,497,864 (the '864 patent) but not satisfied for U.S. Patent No. 10,334,881 (the '881 patent). The Commission reviewed other aspects but affirmed the overall finding of no violation.
Asserted patent claims not shown invalid
The ALJ's final initial determination found that the asserted claims of the '864 and '881 patents had not been shown invalid by clear and convincing evidence.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-20349, Railway Tank Cars and Parts Thereof From Mexico; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
The U.S. is launching investigations to see if cheap railway tank cars and parts from Mexico are hurting American businesses. If these imports are found to be unfairly priced or subsidized, extra duties might be added to protect U.S. makers. The first big decision is due by November 16, 2026, so things are moving fast!
2026-20188, Notice of Receipt of Complaint; Solicitation of Comments Relating to The Public Interest
The U.S. International Trade Commission got a complaint about certain magnet wires imported from China that might be breaking trade rules. They want to hear from the public and other businesses about how this could affect everyone before deciding on possible bans or orders. If you’re involved or interested, now’s the time to speak up—this could impact sales and imports soon!
2026-20201, Chassis and Subassemblies From China; Scheduling of Expedited Five-Year Reviews
The U.S. International Trade Commission is speeding up its review to decide if tariffs on chassis and subassemblies from China should stay or go. This affects U.S. businesses that make or import these parts and could impact prices or trade rules starting July 6, 2026. The review is quicker than usual because only domestic groups responded fully, so expect a fast decision on whether to keep the duties.
2026-20208, Certain Storage Containers and Toolboxes, Organizers, Component Boxes, and Coolers; Notice of a Commission Determination To Find a Violation of Section 337; Issuance of Remedial Orders; Continued Proceedings as to One Patent; Extension of Target Date
The U.S. International Trade Commission found that some imported storage containers, toolboxes, and coolers violate patent rules. They’re ordering these products to be stopped from entering the U.S. and setting a bond of 18% of their value during a review period. The investigation deadline is now extended to November 2, 2026, while one patent is still under review.
2026-20139, Aluminum Foil From Armenia, Brazil, Oman, Russia, and Turkey; Institution of Five-Year Reviews
The U.S. International Trade Commission is checking if aluminum foil imports from Armenia, Brazil, Oman, Russia, and Turkey still need extra duties to protect American businesses. They want to know if stopping these duties would hurt U.S. foil makers. People involved have until November 2, 2026, to share their thoughts, so the Commission can decide what’s best.
2026-20138, Alloy Magnesium From China; Institution of a Five-Year Review
The U.S. International Trade Commission is checking if stopping extra taxes on alloy magnesium from China would hurt American businesses. This review started on October 1, 2026, and companies have until November 2, 2026, to share their thoughts. If the taxes are removed, it could impact prices and jobs in the U.S. magnesium industry.
Previous / Next Documents
Previous: 2025-03669, Notice Pursuant to the National Cooperative Research and Production Act of 1993-Utility Broadband Alliance, Inc.
The Utility Broadband Alliance (UBBA) just updated its team by adding Tampa Electric, Luma Energy, and Westermo, while saying goodbye to 4RF USA, Baicells Tech, Sentient Energy, and STMicroelectronics. These changes keep UBBA’s special legal protections in place, helping members work together on broadband tech without big legal risks. If you’re in the utility or broadband world, keep an eye out—membership is open and updates will keep coming!
Next: 2025-03672, Union Falls Hydropower, L.P.; Notice of Availability of Environmental Assessment
The Federal Energy Regulatory Commission reviewed the Union Falls Hydropower project on the Saranac River in New York and found that continuing its operation won’t harm the environment if certain protections are followed. Local communities, environmental groups, and energy users can now check out the Environmental Assessment and share their thoughts within 30 days. This decision keeps clean energy flowing without big costs or delays.