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Notice2026-049082026-03-13

Certain Disposable Vaporizer Devices; Notice of Final Commission Determination of No Violation; Termination of Investigation

International Trade Commission

Abstract

Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to reverse the violation findings of the final initial determination ("FID") issued by the presiding administrative law judge ("ALJ") in this investigation and find that asserted claims 4 and 12, and claim 1 on which they depend, of U.S. Patent No. 11,925,202 ("the 202 patent") are invalid as obvious under 35 U.S.C. 103 ("section 103"), and thus there is no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 ("section 337"). The Commission has also determined to take no position on whether the complainants satisfied the economic prong of the domestic industry requirement. The Commission otherwise adopts the findings of the FID to the extent they do not conflict with the attached opinion, with some modifications to supplement its finding that claims 4 and 12 are not anticipated under 35 U.S.C. 102 ("section 102"). This investigation is hereby terminated with a finding of no violation.

Action & Dates

Action
Notice.

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. International Trade Commission [Investigation No. 337-TA-1410] AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to reverse the violation findings of the final initial determination (“FID”) issued by the presiding administrative law judge (“ALJ”) in this investigation and find that asserted claims 4 and 12, and claim 1 on which they depend, of U.S. Patent No. 11,925,202 (“the 202 patent”) are invalid as obvious under 35 U.S.C. 103 (“section 103”), and thus there is no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”). The Commission has also determined to take no position on whether the complainants satisfied the economic prong of the domestic industry requirement. The Commission otherwise adopts the findings of the FID to the extent they do not conflict with the attached opinion, with some modifications to supplement its finding that claims 4 and 12 are not anticipated under 35 U.S.C. 102 (“section 102”). This investigation is hereby terminated with a finding of no violation. FOR FURTHER INFORMATION CONTACT: Carl Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-2382. Copies of non-confidential documents filed in connection with this investigation

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Full Document

Citation: 91 FR 12444