US ITC Denies Temporary Exclusion Order, Questions Validity of RJ Reynolds Patent

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. 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 ruled that RJR is unlikely to succeed in proving patent infringement and that some patent claims may be invalid. She also denied Reynolds’ request for a temporary exclusion order, citing insufficient evidence of irreparable harm.

Sterne Kessler Director Daniel Yonan, counsel for defendant SV3, said in a statement that Reynold’s losses in infringement and validity “pose significant challenges” and that Reynolds will need 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.