Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof; Institution of Investigation, 52207 [2023-16774]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Page 52207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16774]



[[Page 52207]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1368]


Certain Vaporizer Devices, Cartridges Used Therewith, and 
Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 30, 2023, under section 337 
of the Tariff Act of 1930, as amended, on behalf of JUUL Labs, Inc. of 
Washington, DC and VMR Products LLC of San Francisco, California. A 
letter supplementing the complaint was filed on July 17, 2023. The 
complaint, as supplemented, alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
vaporizer devices, cartridges used therewith, and components thereof by 
reason of the infringement of certain claims of U.S. Patent No. 
RE49,114 (``the '114 patent''); U.S. Patent No. 10,130,123 (``the '123 
patent''); U.S. Patent No. 10,709,173 (``the '173 patent''); U.S. 
Patent No. 11,134,722 (``the '722 patent''); and U.S. Patent No. 
11,606,981 (``the '981 patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute. The complainants request that the Commission institute 
an investigation and, after the investigation, issue a limited 
exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 1, 2023, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 5-7, 29, 30, 36, 43, 44, 76, 77, 80, 81, 86, 89, and 93 of 
the '114 patent; claims 14, 16, 18, 27, 29, 31, and 32 of the '123 
patent; claims 1-4, 6, 7, 15, 16, 18-25, 28, and 30 of the '173 patent; 
claims 1, 3, 5, and 7-21 of the '722 patent; and claims 1, 2, 5, 6, 8-
11, and 13-18 of the '981 patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``vaporizer devices 
(ENDS devices), cartridges used therewith (sometimes referred to as 
`pods'), and components thereof (cartridge housings, atomizers, 
atomizer subassemblies, device subassemblies)'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

JUUL Labs, Inc., 1000 F Street NW, Washington, DC 20004
VMR Products LLC, 560 20th Street, San Francisco, California 94107

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

NJOY, LLC, 8825 N 23rd Avenue, Suite 100, Phoenix, Arizona 85021
NJOY Holdings, Inc., 9449 N 90th Street, Suite 201, Scottsdale, Arizona 
85258
Altria Group, Inc., 6601 W Broad Street, Richmond, Virginia 23230
Altria Group Distribution Company, 6601 W Broad Street, Richmond, 
Virginia 23230
Altria Client Services LLC, 6601 W Broad Street, Richmond, Virginia 
23230

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: August 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-16774 Filed 8-4-23; 8:45 am]
BILLING CODE 7020-02-P