Chinese e-cigarette device maker Smoore International Holdings Ltd. on Wednesday filed a complaint with the United States International Trade Commission (USITC) to initiate an investigation under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) into 38 American and Canadian companies and individuals infringing its patent and trademark, seeking an ITC limited exclusion order and an ITC injunction. This is the first time that a Chinese company has taken legal action as the plaintiff under section 337 against international companies.
Smoore International accused the defendants of infringing three patents and one trademark of its FEELM ceramic coil conductor technology. The exclusion order required by Smoore International will ban the sale and importation of the infringing products in the US.
Section 337 was enacted to protect U.S. domestic industries from unfair competition in the importation into the United States of goods made by foreign companies, including goods that infringe U.S. patents. Over the years, section 337 has developed into one of the primary means for U.S. companies to protect their intellectual property rights, including patents, trademarks, and copyrights, from infringing imports. Over 90% of the cases recently brought under section 337 involve alleged infringement of U.S. patents.
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