International Trade Commission May 15, 2020 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 9, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of RAI Strategic Holdings, Inc. of Winston-Salem, North Carolina, R.J. Reynolds Vapor Company of Winston-Salem, North Carolina, and R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina. A letter supplementing the complaint was filed on April 16, 2020. The complaint 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 tobacco heating articles and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,839,238 (``the '238 patent''); U.S. Patent No. 9,901,123 (``the '123 patent''); and U.S. Patent No. 9,930,915 (``the '915 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined to review in part, and on review, to affirm, the final initial determination (``FID'') of the administrative law judge (``ALJ'') finding no violation of section 337 of the Tariff Act of 1930, as amended (``section 337''), in connection with the asserted patent. The investigation is terminated.