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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`In the Matter of
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`CERTAIN VAPORIZER DEVICES,
`CARTRIDGES USED THEREWITH, AND
`COMPONENTS THEREOF
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`INV. NO. 337-TA-1368
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`INITIAL DETERMINATION GRANTING COMPLAINANTS’
`MOTION FOR PARTIAL TERMINATION AS TO CERTAIN
`CLAIMS
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`ORDER NO. 18:
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`(March 6, 2024)
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`Complainants JUUL Labs, Inc. and VMR Products LLC move for partial termination of
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`the investigation by withdrawal of certain claims. Motion Docket No. 1368-11 at 1 (EDIS Doc.
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`ID 815544). The motion states that respondents NJOY, LLC, NJOY Holdings, Inc., Altria Group,
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`Inc., Altria Group Distribution Company, and Altria Client Services LLC, and the Staff do not
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`oppose. Id.
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`The withdrawn claims are:
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`• claims 1, 5–7, 29, 30, 36, 80, 89, and 93 of U.S. Patent No. RE49,114;
`• claims 16, 18, 29, and 31 of U.S. Patent No. 10,130,123;
`• claims 3, 8, 14, and 17 of U.S. Patent No. 11,134,722; and
`• claims 6, 9–11, 17, and 18 of U.S. Patent No. 11,606,981.
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`Id. at 1–2.
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`JUUL continues to assert the following claims:
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`• claims 43, 44, 76, 77, 81, and 86 of the RE’114 patent;
`• claims 14, 27, and 32 of the ’123 patent;
`• claims 1–4, 6, 7, 15, 16, 18–25, 28, and 30 of the ’173 patent;
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`• claims 1, 5, 7, 9–13, 15, 16, and 18–21 of the ’722 patent; and
`• claims 1, 2, 5, 8, and 13–16 of the ’981 patent.
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`Id. at 2.
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`JUUL argues the requested partial termination will simplify the investigation and conserve
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`judicial resources. Id. at 3.
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`Commission Rule 210.21(a)(1) permits termination of an investigation in part based on
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`withdrawal of allegations in a complaint and states:
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`Any party may move at any time prior to the issuance of an initial determination on
`violation of section 337 of the Tariff Act of 1930 for an order to terminate an
`investigation in whole or in part as to any or all respondents, on the basis of
`withdrawal of the complaint or certain allegations contained therein, or for good
`cause other than the grounds listed in paragraph (a)(2) of this section. A motion for
`termination of an investigation based on withdrawal of the complaint, or for good
`cause, shall contain a statement that there are no agreements, written or oral,
`express or implied between the parties concerning the subject matter of the
`investigation, or if there are any agreements concerning the subject matter of the
`investigation, all such agreements shall be identified, and if written, a copy shall be
`filed with the Commission along with the motion.
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`19 C.F.R. § 210.21(a)(1).
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`As required by Commission Rule 210.21(a)(1), JUUL states that “there are no agreements,
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`written or oral, express or implied between the parties concerning the subject matter of this
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`investigation.” Mot. at 4.
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`The Commission has stated that “in the absence of extraordinary circumstances,
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`termination of the Investigation will be granted to a complainant during the prehearing stage of an
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`investigation.” Certain Ultrafiltration Membrane Sys. and Components Thereof, Including
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`Ultrafiltration Membranes, Inv. No. 337-TA-107, Comm’n Action and Order at 2, 1982 WL
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`1034896 at *2 (Mar. 11, 1982).
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`JUUL argues that “there are no extraordinary circumstances or potential prejudice that
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`would prevent the partial termination of this investigation as to the claims in this motion,” and that
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`the requested partial termination “serves the public interest because it will reduce the number of
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`disputed issues in this investigation, thereby conserving Commission, ALJ, and party resources.”
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`Mot. at 4.
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`I find that there are no extraordinary circumstances that warrant denying JUUL’s motion
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`and that the motion otherwise complies with Commission Rule 210.21(a)(1).
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`Accordingly, it is my determination that JUUL’s motion to terminate the patent claims
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`identified above, Motion No. 1368-11, is GRANTED.
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`Under 19 C.F.R. § 210.42(h), this initial determination shall become the determination of
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`the Commission unless a party files a petition for review of the initial determination under 19
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`C.F.R. § 210.43(a), or the Commission, under 19 C.F.R. § 210.44, orders, on its own motion,
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`review of the initial determination or certain issues herein. 19 C.F.R. § 210.42(d).
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`SO ORDERED.
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