RJ Reynolds Loses Early Exclusion Bid in ITC Vape IP Case

The U.S. International Trade Commission (ITC) delivered a ruling in a patent infringement case brought by RJ Reynolds (Reynolds), which accused 35 disposable flavored e-cigarette manufacturers and distributors of unfair importation back in June 2024, including Sterne Kessler client SV3. RJR moved for a temporary exclusion order in the case, a form of expedited relief that is rarely sought or issued by the ITC.

On November 19, Administrative Law Judge Monica Bhattacharyya denied Reynolds’ request for a temporary exclusion order, citing insufficient evidence of irreparable harm.

Sterne Kessler Director Daniel Yonan, commented “The ALJ’s detailed opinion highlighted the many pitfalls that respondents identified in RJR’s case, both procedurally and on the merits,” he continued “many of these issues will pose significant challenges for RJR to overcome in the next phase of proceedings.”

The hearing for the permanent phase of the case is scheduled for April 2025 and the Commission is expected to issue its Final Determination in November 2025.

Sterne Kessler attorneys representing SV3 include directors Daniel Yonan, Uma Everett, Kyle Conklin, Ryan Richardson, Kristina Caggiano Kelly, and Robert Niemeier, and associates Brooke McLain, Davin Guinn, and Cristen Corry.

The case is In the Matter of Certain Disposable Vaporizer Devices, investigation number 337-TA-1410, before the U.S. International Trade Commission.