UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN VAPORIZER DEVICES,
`CARTRIDGES USED THEREWITH,
`AND COMPONENTS THEREOF
`
`Inv. No. 337-TA-1372
`
`NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of Investigation Pursuant to 19 U.S.C. 1337
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on August 22, 2023, under section 337 of the Tariff Act of 1930, as amended,
`on behalf of NJOY, LLC of Scottsdale, Arizona. 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 vaporizer devices, cartridges used therewith, and
`components thereof by reason of the infringement of certain claims of U.S. Patent No.
`11,497,864 (“the ’864 patent”) and U.S. Patent No. 10,334,881 (“the ’881 patent”). The
`complaint further alleges that an industry in the United States exists or is in the process of being
`established 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 a cease and desist order.
`
`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 EDIS3Help@usitc.gov. 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 C.F.R. 210.10 (2023).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
`Trade Commission, on September 21, 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 1-48 of the ’864 patent and claims 1, 3, 4, 6-9, 11, 12, 14-
`17, 19, 20, 22, 23, and 25-27 of the ’881 patent, and whether an industry in the United States
`exists or is in the process of being established 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 C.F.R. 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 “electronic nicotine
`delivery systems (“ENDS”), cartridges or pods used therewith, and components thereof
`(cartridge housings, atomizers, subassemblies, devices subassemblies, chargers)”;
`
`(3) Pursuant to Commission Rule 210.50(b)(1), 19 C.F.R. § 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 complainant is:
`
`NJOY, LLC
`9977 N. 90th Street, Suite 160
`Scottsdale, Arizona 85258
`
`(b) The respondent is the following entity alleged to be in violation of section
`337, and is the party upon which the complaint is to be served:
`
`JUUL Labs, Inc.
`1000 F Street NW
`Washington, DC 20004
`
`2
`
`

`

`(c) The Office of Unfair Import Investigations, U.S. International Trade
`Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 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 respondent in accordance with section 210.13 of the Commission’s Rules of Practice and
`Procedure, 19 C.F.R. 210.13. Pursuant to 19 C.F.R. 201.16(e) and 210.13(a), as amended in 85
`Fed. Reg. 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 complainant 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 the 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: September 21, 2023
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN VAPORIZER DEVICES,
`CARTRIDGES USED THEREWITH, AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1372
`
`DESIGNATION OF OUII ATTORNEY
`FOR SERVICE OF PROCESS
`
`The Office of Unfair Import Investigations (“OUII”) hereby designates Vu Bui, Esq.,
`
`(202) 205-2582, Vu.Bui@usitc.gov, as OUII's lead attorney for service of process. It is
`
`requested that all documents served by the Commission or filed by the parties in the above-
`
`referenced investigation be served upon this attorney.
`
`Respectfully submitted,
`
`Margaret Macdonald, Director
`
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`U.S. International Trade Commission
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`(202) 205-2560
`(202) 205-2158 (facsimile)
`
`September 21, 2023
`
`

`

`CERTAIN VAPORIZER DEVICES, CARTRIDGES USED
`THEREWITH, AND COMPONENTS THEREOF
`
`Inv. No. 337-TA-1372
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached INSTITUTION OF
`INVESTIGATION has been served via EDIS upon the Commission Investigative Attorney, Vu
`Bui., Esq. and the following parties as indicated, on September 21, 2023.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant NJOY, LLC:
`
`Anish R. Desai, Esq.
`WEIL GOTSHAL & MANGES LLP
`767 5th Avenue
`New York, NY 10153
`Email: anish.desai@weil.com
`
`Respondent:
`
`JUUL Labs, Inc.
`1000 F Street NW
`Washington, DC 20004
`
`Government Agencies:
`
`Lynda Marshall
`International Section, Antitrust Division
`U.S. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainant
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`

`

`CERTAIN INTEGRATED CIRCUITS AND PRODUCTS
`CONTAINING THE SAME
`
`Inv. No. 337-TA-1372
`
`Certificate of Service – Page 2
`
`Dax Terrill, Chief
`Exclusion Order Enforcement Branch
`U.S. Customs and Border Protection
`Regulations and Rulings
`90 K Street NE – 10th Floor
`Washington, DC 20229
`
`Andrew Heimert
`International Antitrust, Office of International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Summer E. Young, PH.D., J.D.
`HHS Office of the General Counsel, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Room 2B-50
`Bethesda, MD 20892
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`September 21, 2023
`
`Anish R. Desai
`Weil Gotshal & Manges LLP
`767 5th Avenue
`New York, NY 10153
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof; Inv. No. 337-TA-1372
`
`Dear Anish Desai:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`September 21, 2023
`
`NJOY, LLC
`9977 N 90th Street, Suite 160
`Scottsdale, AZ 85258
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof; Inv. No. 337-TA-1372
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`September 21, 2023
`
`JUUL Labs, Inc.
`1000 F Street NW
`Washington, DC 20004
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
` Thereof; Inv. No. 337-TA-1372
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). JUUL
`Labs, Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`Sincerely,
`
``
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`Lisa R. Barton
`Secretary
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`September 21, 2023
`
`Lynda Marshall
`International Section
`Antitrust Division
`U.S. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof; Inv. No. 337-TA-1372
`
`Dear Lynda Marshall:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
` Lisa R. Barton
` Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`September 21, 2023
`
`Dax Terrill, Chief
`Exclusion Order Enforcement Branch
`U.S. Customs and Border Protection
`Regulations and Rulings
`90 K Street NE, 10th Floor
`Washington, DC 20229-1177
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof; Inv. No. 337-TA-1372
`
`Dear Dax Terrill:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
` Lisa R. Barton
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`September 21, 2023
`
`Andrew Heimert
`Office of International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof; Inv. No. 337-TA-1372
`
`Dear Andrew Heimert:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Enclosure:
`1. Notice of Investigation
`
`Sincerely,
`
` Lisa R. Barton
`Secretary
`
`September 21, 2023
`
`

`

`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`Summer E. Young, Ph.D., J.D.
`HHS Office of the General Counsel, NIH Branch
`National Institutes of Health
`31 Center Drive
`Building 31, Room 2B-50
`Bethesda, MD 20892
`
`Re: Certain Vaporizer Devices, Cartridges Used Therewith, and Components
`Thereof; Inv. No. 337-TA-1372
`
`Dear Summer Young:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
` Lisa R. Barton
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`