Washington, D.C. (March 11, 2026) – Sterne, Kessler, Goldstein & Fox secured a defense victory for SV3 (Mi-Pod), a leading distributor of vape products in the United States, in Investigation No. 337-TA-1410 before the U.S. International Trade Commission (ITC). The Commission issued its final determination on March 10, 2026, with a finding of no violation of Section 337.
Complainant RJ Reynolds (RJR) accused SV3 (Mi-Pod) and 34 other disposable e-cigarette manufacturers and distributors of unfair importation. RJR moved for emergency relief via a motion for a Temporary Exclusion Order (TEO), which was defeated in November 2024.
In the final determination, the Commission reversed the Administrative Law Judge’s (ALJ) initial determination of violation, finding that the two surviving dependent claims of U.S. Patent No. 11,925,202 were invalid as obvious under 35 U.S.C. 103. Accordingly, the Commission found no violation and terminated the investigation.
“We are pleased with the Commission’s final determination, which brings this investigation to a close for our client,” said Sterne Kessler’s Daniel Yonan. “We appreciate the Commission’s careful consideration of the record.”
The Sterne Kessler team representing SV3 (Mi-Pod) was led by Directors Daniel Yonan, head of the firm’s U.S. International Trade Commission Practice Group, and Uma Everett, a member of the firm’s Trial & Appellate Practice Group.
The team also included Directors Kyle Conklin, Kristina Caggiano Kelly, and Ryan Richardson, and Associates Brooke McLain, Tyler Drye, and Joseph Venier.
About Sterne, Kessler, Goldstein & Fox
Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, enhancement, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, technical specialists, specialized trademark paralegals, and law clerks include some of the country’s most respected practitioners of IP law, tackling innovations across a broad spectrum of industries. The firm’s practitioners represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.
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