R.J. Reynolds Appeals ITC Ruling in Disposable E-Cigarette Patent Case
R.J. Reynolds Tobacco Company and its affiliates have filed a notice of appeal with the U.S. Court of Appeals for the Federal Circuit regarding the U.S. International Trade Commission’s (ITC) final determination in the “Disposable E-Cigarettes Section 337 Investigation.” The appeal requests the Court to review all adverse rulings issued by the ITC. Previously, the ITC found the key claims of the “’202 Patent” asserted by R.J. Reynolds to be invalid and ruled that the respondent companies had not violated Section 337, thereby terminating the investigation.
Key Highlights
- On March 13, 2026, R.J. Reynolds filed a notice of appeal with the U.S. Court of Appeals for the Federal Circuit, seeking a review of the final determination issued by the ITC on March 10.
- The ITC had previously found Claims 1, 4, and 12 of U.S. Patent No. 11,925,202 to be invalid and terminated the Section 337 investigation.
- The case was initiated on July 22, 2024, and involved 35 companies engaged in the disposable e-cigarette business.
- On August 29, 2025, an Administrative Law Judge (ALJ) had previously found that certain respondents infringed Claims 4 and 12 of the “’202 Patent” and recommended the issuance of a general exclusion order along with a bond of 136%.
- R.J. Reynolds paid the $600 filing fee at the time of filing the appeal.
Reynolds Files Appeal Against ITC Final Determination
On March 16, 2026, R.J. Reynolds Tobacco Company and its affiliates (R.J. Reynolds) filed a notice of appeal with the U.S. Court of Appeals for the Federal Circuit regarding the final determination issued by the U.S. International Trade Commission (ITC) in the “Disposable E-Cigarettes Section 337 Investigation” (Investigation No. 337-TA-1410), requesting that the Court overturn the determination issued by the ITC on March 10, 2026.
Background of the Section 337 Investigation
This case commenced on July 22, 2024, when the ITC, acting upon a complaint filed by R.J. Reynolds, initiated a Section 337 investigation against 35 companies alleged to have infringed its U.S. Patent No. 11,925,202.
Administrative Law Judge Initially Found Patent Infringement
On August 29, 2025, an ITC Administrative Law Judge (ALJ) issued a Final Initial Determination, finding that the respondent companies infringed Claims 4 and 12 of the “’202 Patent” and that the asserted patent claims were valid. The ALJ subsequently recommended that the ITC issue a General Exclusion Order and set a bond at 136%.
ITC Commission Conducts Partial Review of Patent Validity
Subsequently, the respondent companies filed a petition for review. On January 9, 2026, the ITC Commission decided to conduct a partial review of the ALJ’s Initial Determination, focusing specifically on the issue of patent validity.
ITC Reverses Decision and Terminates Investigation
On March 10, 2026, the ITC issued its Commission Opinion and Final Determination, reversing the ALJ’s conclusions; the Commission found Claims 1, 4, and 12 of the “’202 Patent” to be invalid, ruled that the respondent companies had not violated Section 337, and terminated the investigation.
Reynolds Seeks Federal Circuit Review
Reynolds Tobacco filed a Notice of Appeal with the U.S. Court of Appeals for the Federal Circuit, paid the $600 filing fee, and requested that the Court review all adverse determinations issued by the ITC on March 10.
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