Thompson Hine LLP is pleased to announce a significant victory for several clients in the U.S. International Trade Commission Investigation No. 337-TA-1410, In the Matter of Certain Disposable Vaporizer Devices. On March 10, the Commission issued an opinion reversing an Administrative Law Judge’s (ALJ) finding of a Section 337 violation, finding that the remaining asserted claims of complainant RJ Reynolds’ patent were obvious and therefore invalid and terminating the investigation with a finding of no violation. This outcome allows the firm’s clients to continue to sell their electronic vaporizer products, free of the threat of exclusion orders, cease-and-desist orders, and bond obligations that had been recommended by the ALJ.
The investigation, instituted in July 2024 against 18 participating respondents, proceeded at a demanding pace across two full trial phases – a temporary exclusion order proceeding and a permanent phase – culminating in a weeklong evidentiary hearing in April 2025. The investigation involved complex patent law and international trade law issues, including claim construction, multiple theories of invalidity, non-infringement, and domestic industry.
The team of Thompson Hine attorneys included Eric Heyer, Joe Smith, Marla Butler (who served as lead trial counsel for Thompson Hine’s clients), Andy Himebaugh, Zach Page, and Clint King and worked closely with counsel from multiple other law firms in a joint defense group (JDG). After the ALJ found a violation despite the JDG’s success in invalidating all but two asserted claims, the team successfully petitioned the Commission for review and employed innovative, well-reasoned arguments based on the evidentiary record to secure a full reversal.
The firm’s success in this 1410 investigation showcases Thompson Hine’s adaptability to this important forum, its interdisciplinary expertise in patent law, litigation, and international trade law, and its remarkable ability to collaborate and succeed alongside other top-flight legal practitioners.