Certain Cartridges For Electronic Nicotine Delivery Systems and Components Thereof, Inv. 337-TA-1141

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In the Matter of

CERTAIN CARTRIDGES FOR ELECTRONIC
NICOTINE DELIVERY SYSTEMS AND
COMPONENTS THEREOF

Investigation No. 337-TA-1141

Publication 5261 February 2022

U.S. International Trade Commission

Washington, DC 20436

U.S. International Trade Commission
COMMISSIONERS
David S. Johanson, Chairman
Rhonda K. Schmidtlein, Commissioner
Jason E. Kearns, Commissioner
Randolph J. Stayin, Commissioner
Amy A. Karpel, Commissioner
Address all communications to
Secretary to the Commission
United States International Trade Commission
Washington, DC 20436

U.S. International Trade Commission
Publication 5261 	February 2022
Washington, DC 20436
www.usitc.gov
In the Matter of
CERTAIN CARTRIDGES FOR ELECTRONIC
NICOTINE DELIVERY SYSTEMS AND
COMPONENTS THEREOF
Investigation No. 337-TA-1141

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No. 337-TA-1141
NOTICE OF A COMMISSION DETERMINATION TO ISSUE REMEDIAL ORDERS
AND IMPOSE A BOND ON DEFAULTING RESPONDENTS; TERMINATION OF THE
INVESTIGATION
AGENCY: 	U.S. International Trade Commission.
ACTION: 	Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission (the
“Commission”) has determined to issue a limited exclusion order and cease and desist orders
against the respondents found to be in default in this investigation, namely, DripTip Vapes LLC
(“DripTips”) of Plantation, Florida; Shenzhen OVNS Technology Co., Ltd. (“OVNS”) of
Guangdong, China; Shenzhen Haka Flavor Technology Co., Ltd. (“Haka”) of Guangdong,
China; and Shenzhen OCIGA Technology Co., Ltd. (“OCIGA”) of Guangdong, China
(collectively, “the Defaulting Respondents”). The Commission has also determined to impose a
bond equal to 281 percent of the entered value of the accused products imported during the
period of Presidential review. The investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C.
20436, telephone (202) 205-2382. Copies of non-confidential documents filed in connection
with this investigation may be viewed on the Commission’s electronic docket (EDIS) at
https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
information concerning the Commission may also be obtained by accessing its Internet server at
https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
be obtained by contacting the Commission’s TDD terminal telephone on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On December 27, 2018, the Commission instituted
the present investigation based on a complaint filed by Juul Labs, Inc. (“Juul” or “Complainant”)
of San Francisco, California. 83 FR 66746-747 (Dec. 27, 2018). The complaint alleges a
violation of 19 U.S.C. 1337, as amended (“Section 337”), in the importation, sale for
importation, and sale in the United States after importation of certain cartridges used in
electronic nicotine delivery systems and components thereof that allegedly infringe one or more
of the asserted claims of U.S. Patent Nos. 10,058,129; 10,104,915; 10,111,470; 10,117,465; and
10,117,466. Id. The complaint also alleges the existence of a domestic industry. Id. The notice

2
of investigation named 23 respondents. Id. The Office of Unfair Import Investigations (“OUII”)
was also named as a party. Id.
On May 3, 2019, the presiding administrative law judge (“ALJ”) found the Defaulting
Respondents in default. Order No. 26 (May 3, 2019), not rev’d, Comm’n Notice (May 31,
2019). On September 9, 2019, Juul filed a Declaration Seeking Immediate Relief Against
Defaulting Respondents. On September 19, 2019, OUII filed a response opposing Juul’s
declaration as premature and stating that any requested relief should be deferred until the end of
the investigation.
The Commission terminated the investigation with respect to all of the other respondents
through a series of settlement agreements and consent orders. Order No. 51 (Dec. 5, 2019), not
rev’d, Comm’n Notice (Jan. 6, 2020); Order Nos. 46-50 (Nov. 18, 2019), not rev’d, Comm’n
Notice (Dec. 16, 2019); Order No. 44 (Sept. 18, 2019), not rev’d, Comm’n Notice (Oct. 15,
2019); Order No. 34 (June 14, 2019), not rev’d, Comm’n Notice (July 10, 2019); Order No. 30
(May 15, 2019), not rev’d, Comm’n Notice (June 12, 2019); Order No. 25 (April 18, 2019), not
rev’d, Comm’n Notice (May 15, 2019); Order Nos. 19-21 (Apr. 10, 2019), not rev’d, Comm’n
Notice (May 7, 2019); Order Nos. 15, 16 (Mar. 12, 2019), not rev’d, Comm’n Notice (Mar. 26,
2019); Order Nos. 13, 14 (Feb. 28, 2019), not rev’d, Comm’n Notice (Mar. 26, 2019).
The Commission, in terminating the last active respondent from the investigation, also
terminated the proceedings before the ALJ. Order No. 51 at 3 (Dec. 5, 2019), not rev’d,
Comm’n Notice (Jan. 6, 2020). Accordingly, Juul renewed its request for relief against the
Defaulting Respondents on December 12, 2019. The Commission, in the same notice that
terminated the investigation with respect to the last remaining respondent, requested briefing on
the issues of remedy, bonding, and the public interest. Comm’n Notice (Jan. 6, 2020). The
Commission also found Juul’s September 9, 2019, declaration to be moot. Id.
On January 13, 2020, both Juul and OUII filed statements on remedy, public interest, and
bonding. On January 20, 2020, Juul filed a reply to OUII’s initial submission. None of the
Defaulting Respondents filed a response to either the Commission’s original notice or the initial
submissions filed by Juul or OUII.
Upon review of the parties’ submissions, and in the absence of any response from the
Defaulting Respondents, the Commission has determined to issue a limited exclusion order and
cease and desist orders against the Defaulting Respondents. The Commission has further
determined to set a bond equal to 281 percent of the entered value of the covered products. The
investigation is hereby terminated.
The authority for the Commission’s determination is contained in Section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of
Practice and Procedure (19 CFR part 210).
While temporary remote operating procedures are in place in response to COVID-19, the
Office of the Secretary is not able to serve parties that have not retained counsel or otherwise
provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules
201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the

3
Complainant complete service for any party/parties without a method of electronic service noted
on the attached Certificate of Service and shall file proof of service on the Electronic Document
Information System (EDIS).
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: 	April 7, 2020

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached NOTICE has been served via EDIS
upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the following
parties as indicated, on April 7, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainant Juul Labs, Inc. :
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
Email: dyonan@sternekessler.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Lizard Juice, LLC:
Ronald J. Ventola II, Esq.
PANITCH SCHWARZE BELISARIO & NADEL LLP
2001 Market St., Suite 2800
Philadelphia, PA 19103
Email: rventola@panitchlaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vaportronix, LLC
Derek Fahey
The Plus IP Firm
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Email: derek@plusfirm.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vapor 4 Life Holdings, Inc.:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW - Suite 700
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 2
Washington, DC 20036
Email: Eric.Heyer@ThompsonHine.com ☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vape4U, LLC:
Michael N. Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 Wilshire Boulevard, Suite 301
Beverly Hills, CA 90211
Email: mcohen@cohenip.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Twist Vapor Franchising, LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, N.W. Suite 700
Washington, DC 20036
Email: Eric.Heyer@thompsonhine.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
Email: dnickel@fostermurphy.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondents MistHub, LLC, ZLab S.A., Ziip
Lab Co., Ltd., Shenzhen Yibo Technology Co., and Vaperz,
LLC:
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Email: ssusser@cgolaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent ParallelDirect LLC
Mark H. Izraelewicz, Esq.
MARSHALL, GERSTEIN & BORUN LLP
233 S. Wacker Drive
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 3
Chicago, IL 60606
Email: mizraelewicz@marshallip.com
☒ Other: Email Notification
of Availability for Download
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The Electric Tobacconist, LLC
3235 Prairie Avenue
Boulder, CO 80301
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Fuma Vapor, Inc.
605 S. Westgate Rd
Des Plaines, IL 60016
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Lan & Mike International Trading, Inc.
20435 Gramercy Place, Suite 101
Torrance, CA 90501
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Saddam Aburoumi
193 Homestead Street, Unit D3
Manchester, CT 06042
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Sarvasva LLC
D/b/a One Stop Food Mart
32 Church Road
Maple Shade, NJ 08052
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 4
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong Province, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park,
No. 2, Dawangshan Industrial lst Road,
Shajing Town, Bao’an District,
Shenzhen, Guangdong, China 518101
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
United Wholesale LLC
73 Linden Street
Glastonbury, CT 06033
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The ZFO
42 Nichols St., Suite 14,
Spencerport, NY 14559
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No. 337-TA-1141
LIMITED EXCLUSION ORDER
The United States International Trade Commission (“Commission”) has found DripTip
Vapes LLC of Plantation, Florida; Shenzhen Haka Flavor Technology Co., Ltd. of Guangdong,
China; Shenzhen OCIGA Technology Co., Ltd. of Guangdong, China; and Shenzhen OVNS
Technology Co., Ltd. of Guangdong, China (collectively, “the Defaulting Respondents”) in
default, pursuant to 19 U.S.C. § 1337(g)(1) and 19 C.F.R. § 210.16, for failing to respond to a
Complaint and Notice of Investigation that alleged a violation of Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. § 1337 (“Section 337”), in the unlawful importation, sale for
importation, or sale within the United States after importation of certain cartridges for nicotine
vaporizers and components thereof, such as the mouthpiece, storage compartment, and heater,
that infringe one or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of U.S. Patent No. 10,058,129
(“the ’129 patent”); claims 10, 15, 17, and 29-32 of U.S. Patent No. 10,104,915 (“the ’915
patent”); claims 1-4, 7, 8, 10, and 11 of U.S. Patent No. 10,111,470 (“the ’470 patent”); claims
1-7 and 9-20 of U.S. Patent No. 10,117,465 (“the ’465 patent”); and claims 1, 4-8, 10, 12, 14,
and 16-23 of U.S. Patent No. 10,117,466 (“the ’466 patent”).
Having reviewed the record in this investigation, including the written submissions of the
parties, the Commission has made its determination on the issues of remedy, public interest, and
bonding. The Commission has determined that the appropriate form of relief includes a limited

2
exclusion order prohibiting the unlicensed entry of cartridges for nicotine vaporizers and
components thereof, such as the mouthpiece, storage compartment, and heater manufactured
abroad by or on behalf of, or imported by or on behalf of, the Defaulting Respondents or any of
their affiliated companies, parents, subsidiaries, or other related business entities, or their
successors or assigns.
The Commission has determined that the public interest factors enumerated in 19 U.S.C.
§ 1337(g)(1) do not preclude the issuance of the limited exclusion order, and that the bond
during the period of Presidential review shall be in the amount of 281 percent of the entered
value of the covered articles.
Accordingly, the Commission hereby ORDERS that:
1. 	Cartridges for nicotine vaporizers and components thereof, such as the mouthpiece,
storage compartment, and heater, that infringe one or more of claims 1-3, 5-8, 12, 13, 16-
20, and 22 of the ’129 patent; claims 10, 15, 17, and 29-32 of the ’915 patent; claims 1-4,
7, 8, 10, and 11 of the ’470 patent; claims 1-7 and 9-20 of the ’465 patent; and claims 1,
4-8, 10, 12, 14, and 16-23 of the ’466 patent and are manufactured abroad by or on behalf
of, or imported by or on behalf of, the Defaulting Respondents, or any of their affiliated
companies, parents, subsidiaries, or other related business entities, or their successors or
assigns (“covered articles”), are excluded from entry for consumption into the United
States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse
for consumption, for the remaining term(s) of the patent(s), except under license of the
patent owner or as provided by law.
2. 	Notwithstanding paragraph 1 of this Order, covered articles are entitled to entry into the
United States for consumption, entry for consumption from a foreign trade zone, or

3
withdrawal from a warehouse for consumption under bond in the amount of 281 percent
of the entered value of the imported products, pursuant to subsection (j) of Section 337 of
the Tariff Act of 1930, as amended (19 U.S.C. § 1337(j)), and the Presidential
Memorandum for the United States Trade Representative of July 21, 2005 (70 Fed. Reg.
43,251), from the day after this Order is received by the United States Trade
Representative until such time as the United States Trade Representative notifies the
Commission that this Order is approved or disapproved but, in any event, not later than
sixty (60) days after the date of receipt of this Order. All entries of covered articles made
pursuant to this paragraph are to be reported to U.S. Customs and Border Protection
(“CBP”), in advance of the date of the entry, pursuant to procedures CBP establishes.
3. 	At the discretion of CBP and pursuant to the procedures it establishes, persons seeking to
import cartridges for electronic nicotine delivery systems and components thereof that are
potentially subject to this Order may be required to certify that they are familiar with the
terms of this Order, that they have made appropriate inquiry, and thereupon state that, to
the best of their knowledge and belief, the products being imported are not excluded from
entry under paragraph 1 of this Order. At its discretion, CBP may require persons who
have provided the certification described in this paragraph to furnish such records or
analyses to substantiate the certification.
4. 	In accordance with 19 U.S.C. § 1337(l), the provisions of this Order shall not apply to
covered articles that are imported by and for the use of the United States, or imported for,
and to be used for, the United States with the authorization or consent of the Government.
5. 	The Commission may modify this Order in accordance with the procedures described in
section 210.76 of the Commission’s Rules of Practice and Procedure, 19 C.F.R. § 210.76.

4
6. 	The Secretary shall serve copies of this Order upon each party of record in this
investigation and upon United States Customs and Border Protection.
7. 	Notice of this Order shall be published in the Federal Register.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: April 7, 2020

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached COMMISSION ORDER has been
served via EDIS upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the
following parties as indicated, on April 7, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainant Juul Labs, Inc. :
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
Email: dyonan@sternekessler.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Lizard Juice, LLC:
Ronald J. Ventola II, Esq.
PANITCH SCHWARZE BELISARIO & NADEL LLP
2001 Market St., Suite 2800
Philadelphia, PA 19103
Email: rventola@panitchlaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vaportronix, LLC
Derek Fahey
The Plus IP Firm
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Email: derek@plusfirm.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vapor 4 Life Holdings, Inc.:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW - Suite 700
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 2
Washington, DC 20036
Email: Eric.Heyer@ThompsonHine.com ☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vape4U, LLC:
Michael N. Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 Wilshire Boulevard, Suite 301
Beverly Hills, CA 90211
Email: mcohen@cohenip.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Twist Vapor Franchising, LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, N.W. Suite 700
Washington, DC 20036
Email: Eric.Heyer@thompsonhine.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
Email: dnickel@fostermurphy.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondents MistHub, LLC, ZLab S.A., Ziip
Lab Co., Ltd., Shenzhen Yibo Technology Co., and Vaperz,
LLC:
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Email: ssusser@cgolaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent ParallelDirect LLC
Mark H. Izraelewicz, Esq.
MARSHALL, GERSTEIN & BORUN LLP
233 S. Wacker Drive
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 3
Chicago, IL 60606
Email: mizraelewicz@marshallip.com
☒ Other: Email Notification
of Availability for Download
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The Electric Tobacconist, LLC
3235 Prairie Avenue
Boulder, CO 80301
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Fuma Vapor, Inc.
605 S. Westgate Rd
Des Plaines, IL 60016
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Lan & Mike International Trading, Inc.
20435 Gramercy Place, Suite 101
Torrance, CA 90501
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Saddam Aburoumi
193 Homestead Street, Unit D3
Manchester, CT 06042
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Sarvasva LLC
D/b/a One Stop Food Mart
32 Church Road
Maple Shade, NJ 08052
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 4
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong Province, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park,
No. 2, Dawangshan Industrial lst Road,
Shajing Town, Bao’an District,
Shenzhen, Guangdong, China 518101
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
United Wholesale LLC
73 Linden Street
Glastonbury, CT 06033
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The ZFO
42 Nichols St., Suite 14,
Spencerport, NY 14559
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No. 337-TA-1141
CEASE AND DESIST ORDER
IT IS HEREBY ORDERED THAT RESPONDENT Shenzhen OVNS Technology
Co., Ltd., 6F, North Side Of Xinlong Tech Park, No. 2, Dawangshan Industrial 1st Road,
Shajing Town, Bao’an District, Shenzhen, Guangdong, China 518101 (“Respondent”), cease and
desist from conducting any of the following activities in the United States: importing, selling,
marketing, advertising, distributing, transferring (except for exportation), soliciting United States
agents or distributors, and aiding or abetting other entities in the importation, sale for
importation, sale after importation, transfer (except for exportation), or distribution of certain
cartridges for nicotine vaporizers and components thereof, such as the mouthpiece, storage
compartment, and heater, that infringe one or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of
U.S. Patent No. 10,058,129 (“the ’129 patent”); claims 10, 15, 17, and 29-32 of U.S. Patent No.
10,104,915 (“the ’915 patent”); claims 1-4, 7, 8, 10, and 11 of U.S. Patent No. 10,111,470 (“the
’470 patent”); claims 1-7 and 9-20 of U.S. Patent No. 10,117,465 (“the ’465 patent”); and claims
1, 4-8, 10, 12, 14, and 16-23 of U.S. Patent No. 10,117,466 (“the ’466 patent”) (collectively, “the
Asserted Patents”) in violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C.
§ 1337 (“Section 337”).
I.
Definitions
As used in this Order:

2
(A) 	“Commission” shall mean the United States International Trade Commission.
(B) 	“Complainant” shall mean Juul Labs, Inc., 560 20th Street, San Francisco, CA
94107.
(C) 	“Respondent” shall mean Shenzhen OVNS Technology Co., Ltd., 6F, North Side
Of Xinlong Tech Park, No. 2, Dawangshan Industrial 1st Road, Shajing Town,
Bao’an District, Shenzhen, Guangdong, China 518101.
(D) 	“Person” shall mean an individual, or any non-governmental partnership, firm,
association, corporation, or other legal or business entity other than Respondent or
its majority-owned or controlled subsidiaries, successors, or assigns.
(E) 	“United States” shall mean the fifty States, the District of Columbia, and Puerto
Rico.
(F) 	The terms “import” and “importation” refer to importation for entry for
consumption under the Customs laws of the United States.
The term “covered products” shall mean cartridges for nicotine vaporizers and
components thereof, such as the mouthpiece, storage compartment, and heater, that infringe one
or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of the ’129 patent; claims 10, 15, 17, and 29-32
of the ’915 patent; claims 1-4, 7, 8, 10, and 11 of the ’470 patent; claims 1-7 and 9-20 of the
’465 patent; and claims 1, 4-8, 10, 12, 14, and 16-23 of the ’446 patent. Covered products shall
not include articles for which a provision of law or license avoids liability for infringement.
II.
Applicability
The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled
(whether by stock ownership or otherwise) and majority-owned business entities, successors, and

3
assigns, and to each of them, insofar as they are engaging in conduct prohibited by section III,
infra, for which, or otherwise on behalf of, Respondent.
III.
Conduct Prohibited
The following conduct of Respondent in the United States is prohibited by this Order.
For the remaining term of the Asserted Patents, Respondent shall not:
(A) 	import or sell for importation into the United States covered products;
(B) 	market, distribute, sell, or otherwise transfer (except for exportation) imported
covered products;
(C) 	advertise imported covered products;
(D) 	solicit U.S. agents or distributors for imported covered products; or
(E) 	aid or abet other entities in the importation, sale for importation, sale after
importation, transfer, or distribution of covered products.
IV.
Conduct Permitted
Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
by the terms of this Order shall be permitted if:
(A) 	in a written instrument, the owner of the Asserted Patents licenses or authorizes
such specific conduct; or
(B) 	such specific conduct is related to the importation or sale of covered products by
or for the United States.
V.
Reporting
For purposes of this requirement, the reporting periods shall commence on January 1 of
each year and shall end on the subsequent December 31. The first report required under this

4
section shall cover the period from the date of issuance of this order through December 31, 2020.
This reporting requirement shall continue in force until such time as Respondent has truthfully
reported, in two consecutive timely filed reports, that it has no inventory of covered products in
the United States.
Within thirty (30) days of the last day of the reporting period, Respondent shall report to
the Commission: (a) the quantity in units and the value in dollars of covered products that it has
imported and/or (ii) sold in the United States after importation during the reporting period, and
(b) the quantity in units and value in dollars of reported covered products that remain in
inventory in the United States at the end of the reporting period.
When filing written submissions, Respondent must file the original document
electronically on or before the deadlines stated above and submit eight (8) true paper copies to
the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should refer
to the investigation number (“Inv. No. 337-TA-1141”) in a prominent place on the cover pages
and/or the first page. See Handbook for Electronic Filing Procedures,
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf. Persons with questions
regarding filing should contact the Secretary (202-205-2000). If Respondent desires to submit a
document to the Commission in confidence, it must file the original and a public version of the
original with the Office of the Secretary and must serve a copy of the confidential version on
Complainant’s counsel.1
Persons filing written submissions must file the original document electronically on or
1 Complainant must file a letter with the Secretary identifying the attorney to receive
reports and bond information associated with the Order. The designated attorney must be on the
protective order entered in this investigation.

5
before the deadlines stated above. The Commission’s paper filing requirements in 19 C.F.R.
210.4(f) are currently waived, pending resolution of the COVID-19 crisis. 85 Fed. Reg. 15798
(March 19, 2020).
Any failure to make the required report or the filing of any false or inaccurate report shall
constitute a violation of this Order, and the submission of a false or inaccurate report may be
referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
VI.
Record-Keeping and Inspection
(A) 	For the purpose of securing compliance with this Order, Respondent shall retain
any and all records relating to the sale, marketing, or distribution in the United
States of covered products, made and received in the usual and ordinary course of
business, whether in detail or in summary form, for a period of three (3) years
from the close of the fiscal year to which they pertain.
(B) 	For the purposes of determining or securing compliance with this Order and for
no other purpose, subject to any privilege recognized by the federal courts of the
United States, and upon reasonable written notice by the Commission or its staff,
duly authorized representatives of the Commission shall be permitted access and
the right to inspect and copy, in Respondent’s principal offices during office
hours, and in the presence of counsel or other representatives if Respondent so
chooses, all books, ledgers, accounts, correspondence, memoranda, and other
records and documents, in detail and in summary form, that must be retained
under subparagraph VI(A) of this Order.
VII.
Service of Cease and Desist Order

6
Respondent is ordered and directed to:
(A) 	Serve, within fifteen (15) days after the effective date of this Order, a copy of this
Order upon each of its respective officers, directors, managing agents, agents, and
employees who have any responsibility for the importation, marketing,
distribution, or sale of imported covered products in the United States;
(B) 	Serve, within fifteen (15) days after the succession of any persons referred to in
subparagraph VII(A) of this order, a copy of the Order upon each successor; and
(C) 	Maintain such records as will show the name, title, and address of each person
upon whom the Order has been served, as described in subparagraphs VII(A) and
VII(B) of this order, together with the date on which service was made.
The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
the expiration of the Asserted Patents.
VIII.
Confidentiality
Any request for confidential treatment of information obtained by the Commission
pursuant to section VI of this order should be made in accordance with section 201.6 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
confidential treatment is sought, Respondent must provide a public version of such report with
confidential information redacted.
IX.
Enforcement
Violation of this order may result in any of the actions specified in section 210.75 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
civil penalties under Section 337(f) of the Tariff Act of 1930 (19 U.S.C. § 1337(f)), as well as

7
any other action that the Commission deems appropriate. In determining whether Respondent is
in violation of this order, the Commission may infer facts adverse to Respondent if it fails to
provide adequate or timely information.
X.
Modification
The Commission may amend this order on its own motion or in accordance with the
procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure
(19 C.F.R. § 210.76).
XI.
Bonding
The conduct prohibited by section III of this order may be continued during the sixty
(60) day period in which this Order is under review by the United States Trade Representative,
as delegated by the President (70 Fed. Reg. 43,251 (Jul. 21, 2005)), subject to Respondent’s
posting of a bond in the amount of 281 percent of the entered value of the covered products.
This bond provision does not apply to conduct that is otherwise permitted by section IV of this
Order. Covered products imported on or after the date of issuance of this Order are subject to
the entry bond as set forth in the exclusion order issued by the Commission, and are not subject
to this bond provision.
The bond is to be posted in accordance with the procedures established by the
Commission for the posting of bonds by complainants in connection with the issuance of
temporary exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying
documentation are to be provided to and approved by the Commission prior to the
commencement of conduct that is otherwise prohibited by section III of this Order. Upon the
Secretary’s acceptance of the bond, (a) the Secretary will serve an acceptance letter on all

8
parties, and (b) Respondent must serve a copy of the bond and accompanying documentation on
Complainant’s counsel.2
The bond is to be forfeited in the event that the United States Trade Representative
approves this Order (or does not disapprove it within the review period), unless (i) the U.S.
Court of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final
determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the
products subject to this bond and provides certification to that effect that is satisfactory to the
Commission.
This bond is to be released in the event (i) the United States Trade Representative
disapproves this Order and no subsequent order is issued by the Commission and approved (or
not disapproved) by the United States Trade Representative, (ii) the U.S. Court of Appeals for
the Federal Circuit, in a final judgment, reverses any Commission final determination and order
as to Respondent on appeal, or (iii) Respondent exports or destroys the products subject to this
bond and provides certification to that effect that is satisfactory to the Commission, upon service
on Respondent of an order issued by the Commission based upon application therefor made by
Respondent to the Commission.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: 	April 7, 2020
2 See Footnote 1.

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached COMMISSION ORDER has been
served via EDIS upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the
following parties as indicated, on April 7, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainant Juul Labs, Inc. :
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
Email: dyonan@sternekessler.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Lizard Juice, LLC:
Ronald J. Ventola II, Esq.
PANITCH SCHWARZE BELISARIO & NADEL LLP
2001 Market St., Suite 2800
Philadelphia, PA 19103
Email: rventola@panitchlaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vaportronix, LLC
Derek Fahey
The Plus IP Firm
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Email: derek@plusfirm.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vapor 4 Life Holdings, Inc.:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW - Suite 700
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 2
Washington, DC 20036
Email: Eric.Heyer@ThompsonHine.com ☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vape4U, LLC:
Michael N. Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 Wilshire Boulevard, Suite 301
Beverly Hills, CA 90211
Email: mcohen@cohenip.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Twist Vapor Franchising, LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, N.W. Suite 700
Washington, DC 20036
Email: Eric.Heyer@thompsonhine.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
Email: dnickel@fostermurphy.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondents MistHub, LLC, ZLab S.A., Ziip
Lab Co., Ltd., Shenzhen Yibo Technology Co., and Vaperz,
LLC:
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Email: ssusser@cgolaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent ParallelDirect LLC
Mark H. Izraelewicz, Esq.
MARSHALL, GERSTEIN & BORUN LLP
233 S. Wacker Drive
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 3
Chicago, IL 60606
Email: mizraelewicz@marshallip.com
☒ Other: Email Notification
of Availability for Download
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The Electric Tobacconist, LLC
3235 Prairie Avenue
Boulder, CO 80301
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Fuma Vapor, Inc.
605 S. Westgate Rd
Des Plaines, IL 60016
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Lan & Mike International Trading, Inc.
20435 Gramercy Place, Suite 101
Torrance, CA 90501
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Saddam Aburoumi
193 Homestead Street, Unit D3
Manchester, CT 06042
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Sarvasva LLC
D/b/a One Stop Food Mart
32 Church Road
Maple Shade, NJ 08052
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 4
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong Province, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park,
No. 2, Dawangshan Industrial lst Road,
Shajing Town, Bao’an District,
Shenzhen, Guangdong, China 518101
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
United Wholesale LLC
73 Linden Street
Glastonbury, CT 06033
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The ZFO
42 Nichols St., Suite 14,
Spencerport, NY 14559
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No. 337-TA-1141
CEASE AND DESIST ORDER
IT IS HEREBY ORDERED THAT RESPONDENT Shenzhen OCIGA Technology
Co., Ltd., 4F-B Building, Anjia Industrial Park, Gonghe Industrial Road, Shajing Town, Bao’an
District, Shenzhen, Guangdong, China (“Respondent”), cease and desist from conducting any of
the following activities in the United States: importing, selling, marketing, advertising,
distributing, transferring (except for exportation), soliciting United States agents or distributors,
and aiding or abetting other entities in the importation, sale for importation, sale after
importation, transfer (except for exportation), or distribution of certain cartridges for nicotine
vaporizers and components thereof, such as the mouthpiece, storage compartment, and heater,
that infringe one or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of U.S. Patent No. 10,058,129
(“the ’129 patent”); claims 10, 15, 17, and 29-32 of U.S. Patent No. 10,104,915 (“the ’915
patent”); claims 1-4, 7, 8, 10, and 11 of U.S. Patent No. 10,111,470 (“the ’470 patent”); claims 1-
7 and 9-20 of U.S. Patent No. 10,117,465 (“the ’465 patent”); and claims 1, 4-8, 10, 12, 14, and
16-23 of U.S. Patent No. 10,117,466 (“the ’466 patent”) (collectively, “the Asserted Patents”) in
violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (“Section 337”).
I.
Definitions
As used in this Order:
(A) 	“Commission” shall mean the United States International Trade Commission.

2
(B) 	“Complainant” shall mean Juul Labs, Inc., 560 20th Street, San Francisco, CA
94107.
(C) 	“Respondent” shall mean Shenzhen OCIGA Technology Co., Ltd., 4F-B
Building, Anjia Industrial Park, Gonghe Industrial Road, Shajing Town, Bao’an
District, Shenzhen, Guangdong, China.
(D) 	“Person” shall mean an individual, or any non-governmental partnership, firm,
association, corporation, or other legal or business entity other than Respondent or
its majority-owned or controlled subsidiaries, successors, or assigns.
(E) 	“United States” shall mean the fifty States, the District of Columbia, and Puerto
Rico.
(F) 	The terms “import” and “importation” refer to importation for entry for
consumption under the Customs laws of the United States.
The term “covered products” shall mean cartridges for nicotine vaporizers and
components thereof, such as the mouthpiece, storage compartment, and heater, that infringe one
or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of the ’129 patent; claims 10, 15, 17, and 29-32
of the ’915 patent; claims 1-4, 7, 8, 10, and 11 of the ’470 patent; claims 1-7 and 9-20 of the
’465 patent; and claims 1, 4-8, 10, 12, 14, and 16-23 of the ’446 patent. Covered products shall
not include articles for which a provision of law or license avoids liability for infringement.
II.
Applicability
The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled
(whether by stock ownership or otherwise) and majority-owned business entities, successors, and
assigns, and to each of them, insofar as they are engaging in conduct prohibited by section III,

3
infra, for which, or otherwise on behalf of, Respondent.
III.
Conduct Prohibited
The following conduct of Respondent in the United States is prohibited by this Order.
For the remaining term of the Asserted Patents, Respondent shall not:
(A) 	import or sell for importation into the United States covered products;
(B) 	market, distribute, sell, or otherwise transfer (except for exportation) imported
covered products;
(C) 	advertise imported covered products;
(D) 	solicit U.S. agents or distributors for imported covered products; or
(E) 	aid or abet other entities in the importation, sale for importation, sale after
importation, transfer, or distribution of covered products.
IV.
Conduct Permitted
Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
by the terms of this Order shall be permitted if:
(A) 	in a written instrument, the owner of the Asserted Patents licenses or authorizes
such specific conduct; or
(B) 	such specific conduct is related to the importation or sale of covered products by
or for the United States.
V.
Reporting
For purposes of this requirement, the reporting periods shall commence on January 1 of
each year and shall end on the subsequent December 31. The first report required under this
section shall cover the period from the date of issuance of this order through December 31, 2020.

4
This reporting requirement shall continue in force until such time as Respondent has truthfully
reported, in two consecutive timely filed reports, that it has no inventory of covered products in
the United States.
Within thirty (30) days of the last day of the reporting period, Respondent shall report to
the Commission: (a) the quantity in units and the value in dollars of covered products that it has
imported and/or (ii) sold in the United States after importation during the reporting period, and
(b) the quantity in units and value in dollars of reported covered products that remain in
inventory in the United States at the end of the reporting period.
When filing written submissions, Respondent must file the original document
electronically on or before the deadlines stated above and submit eight (8) true paper copies to
the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should refer
to the investigation number (“Inv. No. 337-TA-1141”) in a prominent place on the cover pages
and/or the first page. See Handbook for Electronic Filing Procedures,
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf. Persons with questions
regarding filing should contact the Secretary (202-205-2000). If Respondent desires to submit a
document to the Commission in confidence, it must file the original and a public version of the
original with the Office of the Secretary and must serve a copy of the confidential version on
Complainant’s counsel.1
Persons filing written submissions must file the original document electronically on or
before the deadlines stated above. The Commission’s paper filing requirements in 19 C.F.R.
1 Complainant must file a letter with the Secretary identifying the attorney to receive
reports and bond information associated with the Order. The designated attorney must be on the
protective order entered in this investigation.

5
210.4(f) are currently waived, pending resolution of the COVID-19 crisis. 85 Fed. Reg. 15798
(March 19, 2020).
Any failure to make the required report or the filing of any false or inaccurate report shall
constitute a violation of this Order, and the submission of a false or inaccurate report may be
referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
VI.
Record-Keeping and Inspection
(A) 	For the purpose of securing compliance with this Order, Respondent shall retain
any and all records relating to the sale, marketing, or distribution in the United
States of covered products, made and received in the usual and ordinary course of
business, whether in detail or in summary form, for a period of three (3) years
from the close of the fiscal year to which they pertain.
(B) 	For the purposes of determining or securing compliance with this Order and for
no other purpose, subject to any privilege recognized by the federal courts of the
United States, and upon reasonable written notice by the Commission or its staff,
duly authorized representatives of the Commission shall be permitted access and
the right to inspect and copy, in Respondent’s principal offices during office
hours, and in the presence of counsel or other representatives if Respondent so
chooses, all books, ledgers, accounts, correspondence, memoranda, and other
records and documents, in detail and in summary form, that must be retained
under subparagraph VI(A) of this Order.
VII.
Service of Cease and Desist Order
Respondent is ordered and directed to:

6
(A) 	Serve, within fifteen (15) days after the effective date of this Order, a copy of this
Order upon each of its respective officers, directors, managing agents, agents, and
employees who have any responsibility for the importation, marketing,
distribution, or sale of imported covered products in the United States;
(B) 	Serve, within fifteen (15) days after the succession of any persons referred to in
subparagraph VII(A) of this order, a copy of the Order upon each successor; and
(C) 	Maintain such records as will show the name, title, and address of each person
upon whom the Order has been served, as described in subparagraphs VII(A) and
VII(B) of this order, together with the date on which service was made.
The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
the expiration of the Asserted Patents.
VIII.
Confidentiality
Any request for confidential treatment of information obtained by the Commission
pursuant to section VI of this order should be made in accordance with section 201.6 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
confidential treatment is sought, Respondent must provide a public version of such report with
confidential information redacted.
IX.
Enforcement
Violation of this order may result in any of the actions specified in section 210.75 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
civil penalties under Section 337(f) of the Tariff Act of 1930 (19 U.S.C. § 1337(f)), as well as
any other action that the Commission deems appropriate. In determining whether Respondent is

7
in violation of this order, the Commission may infer facts adverse to Respondent if it fails to
provide adequate or timely information.
X.
Modification
The Commission may amend this order on its own motion or in accordance with the
procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure
(19 C.F.R. § 210.76).
XI.
Bonding
The conduct prohibited by section III of this order may be continued during the sixty
(60) day period in which this Order is under review by the United States Trade Representative,
as delegated by the President (70 Fed. Reg. 43,251 (Jul. 21, 2005)), subject to Respondent’s
posting of a bond in the amount of 281 percent of the entered value of the covered products.
This bond provision does not apply to conduct that is otherwise permitted by section IV of this
Order. Covered products imported on or after the date of issuance of this Order are subject to
the entry bond as set forth in the exclusion order issued by the Commission, and are not subject
to this bond provision.
The bond is to be posted in accordance with the procedures established by the
Commission for the posting of bonds by complainants in connection with the issuance of
temporary exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying
documentation are to be provided to and approved by the Commission prior to the
commencement of conduct that is otherwise prohibited by section III of this Order. Upon the
Secretary’s acceptance of the bond, (a) the Secretary will serve an acceptance letter on all
parties, and (b) Respondent must serve a copy of the bond and accompanying documentation on

8
Complainant’s counsel.2
The bond is to be forfeited in the event that the United States Trade Representative
approves this Order (or does not disapprove it within the review period), unless (i) the U.S.
Court of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final
determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the
products subject to this bond and provides certification to that effect that is satisfactory to the
Commission.
This bond is to be released in the event (i) the United States Trade Representative
disapproves this Order and no subsequent order is issued by the Commission and approved (or
not disapproved) by the United States Trade Representative, (ii) the U.S. Court of Appeals for
the Federal Circuit, in a final judgment, reverses any Commission final determination and order
as to Respondent on appeal, or (iii) Respondent exports or destroys the products subject to this
bond and provides certification to that effect that is satisfactory to the Commission, upon service
on Respondent of an order issued by the Commission based upon application therefor made by
Respondent to the Commission.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: 	April 7, 2020
2 See Footnote 1.

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached COMMISSION ORDER has been
served via EDIS upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the
following parties as indicated, on April 7, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainant Juul Labs, Inc. :
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
Email: dyonan@sternekessler.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Lizard Juice, LLC:
Ronald J. Ventola II, Esq.
PANITCH SCHWARZE BELISARIO & NADEL LLP
2001 Market St., Suite 2800
Philadelphia, PA 19103
Email: rventola@panitchlaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vaportronix, LLC
Derek Fahey
The Plus IP Firm
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Email: derek@plusfirm.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vapor 4 Life Holdings, Inc.:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW - Suite 700
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 2
Washington, DC 20036
Email: Eric.Heyer@ThompsonHine.com ☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vape4U, LLC:
Michael N. Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 Wilshire Boulevard, Suite 301
Beverly Hills, CA 90211
Email: mcohen@cohenip.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Twist Vapor Franchising, LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, N.W. Suite 700
Washington, DC 20036
Email: Eric.Heyer@thompsonhine.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
Email: dnickel@fostermurphy.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondents MistHub, LLC, ZLab S.A., Ziip
Lab Co., Ltd., Shenzhen Yibo Technology Co., and Vaperz,
LLC:
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Email: ssusser@cgolaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent ParallelDirect LLC
Mark H. Izraelewicz, Esq.
MARSHALL, GERSTEIN & BORUN LLP
233 S. Wacker Drive
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 3
Chicago, IL 60606
Email: mizraelewicz@marshallip.com
☒ Other: Email Notification
of Availability for Download
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The Electric Tobacconist, LLC
3235 Prairie Avenue
Boulder, CO 80301
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Fuma Vapor, Inc.
605 S. Westgate Rd
Des Plaines, IL 60016
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Lan & Mike International Trading, Inc.
20435 Gramercy Place, Suite 101
Torrance, CA 90501
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Saddam Aburoumi
193 Homestead Street, Unit D3
Manchester, CT 06042
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Sarvasva LLC
D/b/a One Stop Food Mart
32 Church Road
Maple Shade, NJ 08052
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 4
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong Province, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park,
No. 2, Dawangshan Industrial lst Road,
Shajing Town, Bao’an District,
Shenzhen, Guangdong, China 518101
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
United Wholesale LLC
73 Linden Street
Glastonbury, CT 06033
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The ZFO
42 Nichols St., Suite 14,
Spencerport, NY 14559
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No. 337-TA-1141
CEASE AND DESIST ORDER
IT IS HEREBY ORDERED THAT RESPONDENT Shenzhen Haka Flavor
Technology Co., Ltd., 4F, Building B, Anjia Industrial Park, Gonghe Industrial Road, Shajing
Town, Bao’an District, Shenzhen, Guangdong, China (“Respondent”), cease and desist from
conducting any of the following activities in the United States: importing, selling, marketing,
advertising, distributing, transferring (except for exportation), soliciting United States agents or
distributors, and aiding or abetting other entities in the importation, sale for importation, sale after
importation, transfer (except for exportation), or distribution of certain cartridges for nicotine
vaporizers and components thereof, such as the mouthpiece, storage compartment, and heater,
that infringe one or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of U.S. Patent No. 10,058,129
(“the ’129 patent”); claims 10, 15, 17, and 29-32 of U.S. Patent No. 10,104,915 (“the ’915
patent”); claims 1-4, 7, 8, 10, and 11 of U.S. Patent No. 10,111,470 (“the ’470 patent”); claims 1-
7 and 9-20 of U.S. Patent No. 10,117,465 (“the ’465 patent”); and claims 1, 4-8, 10, 12, 14, and
16-23 of U.S. Patent No. 10,117,466 (“the ’466 patent”) (collectively, “the Asserted Patents”) in
violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (“Section 337”).
I.
Definitions
As used in this Order:
(A) 	“Commission” shall mean the United States International Trade Commission.

2
(B) 	“Complainant” shall mean Juul Labs, Inc., 560 20th Street, San Francisco, CA
94107.
(C) 	“Respondent” shall mean Shenzhen Haka Flavor Technology Co., Ltd., 4F,
Building B, Anjia Industrial Park, Gonghe Industrial Road, Shajing Town, Bao’an
District, Shenzhen, Guangdong, China.
(D) 	“Person” shall mean an individual, or any non-governmental partnership, firm,
association, corporation, or other legal or business entity other than Respondent or
its majority-owned or controlled subsidiaries, successors, or assigns.
(E) 	“United States” shall mean the fifty States, the District of Columbia, and Puerto
Rico.
(F) 	The terms “import” and “importation” refer to importation for entry for
consumption under the Customs laws of the United States.
The term “covered products” shall mean cartridges for nicotine vaporizers and
components thereof, such as the mouthpiece, storage compartment, and heater, that infringe one
or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of the ’129 patent; claims 10, 15, 17, and 29-32
of the ’915 patent; claims 1-4, 7, 8, 10, and 11 of the ’470 patent; claims 1-7 and 9-20 of the
’465 patent; and claims 1, 4-8, 10, 12, 14, and 16-23 of the ’446 patent. Covered products shall
not include articles for which a provision of law or license avoids liability for infringement.
II.
Applicability
The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled
(whether by stock ownership or otherwise) and majority-owned business entities, successors, and
assigns, and to each of them, insofar as they are engaging in conduct prohibited by section III,

3
infra, for which, or otherwise on behalf of, Respondent.
III.
Conduct Prohibited
The following conduct of Respondent in the United States is prohibited by this Order.
For the remaining term of the Asserted Patents, Respondent shall not:
(A) 	import or sell for importation into the United States covered products;
(B) 	market, distribute, sell, or otherwise transfer (except for exportation) imported
covered products;
(C) 	advertise imported covered products;
(D) 	solicit U.S. agents or distributors for imported covered products; or
(E) 	aid or abet other entities in the importation, sale for importation, sale after
importation, transfer, or distribution of covered products.
IV.
Conduct Permitted
Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
by the terms of this Order shall be permitted if:
(A) 	in a written instrument, the owner of the Asserted Patents licenses or authorizes
such specific conduct; or
(B) 	such specific conduct is related to the importation or sale of covered products by
or for the United States.
V.
Reporting
For purposes of this requirement, the reporting periods shall commence on January 1 of
each year and shall end on the subsequent December 31. The first report required under this
section shall cover the period from the date of issuance of this order through December 31, 2020.

4
This reporting requirement shall continue in force until such time as Respondent has truthfully
reported, in two consecutive timely filed reports, that it has no inventory of covered products in
the United States.
Within thirty (30) days of the last day of the reporting period, Respondent shall report to
the Commission: (a) the quantity in units and the value in dollars of covered products that it has
imported and/or (ii) sold in the United States after importation during the reporting period, and
(b) the quantity in units and value in dollars of reported covered products that remain in
inventory in the United States at the end of the reporting period.
When filing written submissions, Respondent must file the original document
electronically on or before the deadlines stated above and submit eight (8) true paper copies to
the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should refer
to the investigation number (“Inv. No. 337-TA-1141”) in a prominent place on the cover pages
and/or the first page. See Handbook for Electronic Filing Procedures,
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf. Persons with questions
regarding filing should contact the Secretary (202-205-2000). If Respondent desires to submit a
document to the Commission in confidence, it must file the original and a public version of the
original with the Office of the Secretary and must serve a copy of the confidential version on
Complainant’s counsel.1
Persons filing written submissions must file the original document electronically on or
before the deadlines stated above. The Commission’s paper filing requirements in 19 C.F.R.
1 Complainant must file a letter with the Secretary identifying the attorney to receive
reports and bond information associated with the Order. The designated attorney must be on the
protective order entered in this investigation.

5
210.4(f) are currently waived, pending resolution of the COVID-19 crisis. 85 Fed. Reg. 15798
(March 19, 2020).
Any failure to make the required report or the filing of any false or inaccurate report shall
constitute a violation of this Order, and the submission of a false or inaccurate report may be
referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
VI.
Record-Keeping and Inspection
(A) 	For the purpose of securing compliance with this Order, Respondent shall retain
any and all records relating to the sale, marketing, or distribution in the United
States of covered products, made and received in the usual and ordinary course of
business, whether in detail or in summary form, for a period of three (3) years
from the close of the fiscal year to which they pertain.
(B) 	For the purposes of determining or securing compliance with this Order and for
no other purpose, subject to any privilege recognized by the federal courts of the
United States, and upon reasonable written notice by the Commission or its staff,
duly authorized representatives of the Commission shall be permitted access and
the right to inspect and copy, in Respondent’s principal offices during office
hours, and in the presence of counsel or other representatives if Respondent so
chooses, all books, ledgers, accounts, correspondence, memoranda, and other
records and documents, in detail and in summary form, that must be retained
under subparagraph VI(A) of this Order.
VII.
Service of Cease and Desist Order
Respondent is ordered and directed to:

6
(A) 	Serve, within fifteen (15) days after the effective date of this Order, a copy of this
Order upon each of its respective officers, directors, managing agents, agents, and
employees who have any responsibility for the importation, marketing,
distribution, or sale of imported covered products in the United States;
(B) 	Serve, within fifteen (15) days after the succession of any persons referred to in
subparagraph VII(A) of this order, a copy of the Order upon each successor; and
(C) 	Maintain such records as will show the name, title, and address of each person
upon whom the Order has been served, as described in subparagraphs VII(A) and
VII(B) of this order, together with the date on which service was made.
The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
the expiration of the Asserted Patents.
VIII.
Confidentiality
Any request for confidential treatment of information obtained by the Commission
pursuant to section VI of this order should be made in accordance with section 201.6 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
confidential treatment is sought, Respondent must provide a public version of such report with
confidential information redacted.
IX.
Enforcement
Violation of this order may result in any of the actions specified in section 210.75 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
civil penalties under Section 337(f) of the Tariff Act of 1930 (19 U.S.C. § 1337(f)), as well as
any other action that the Commission deems appropriate. In determining whether Respondent is

7
in violation of this order, the Commission may infer facts adverse to Respondent if it fails to
provide adequate or timely information.
X.
Modification
The Commission may amend this order on its own motion or in accordance with the
procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure
(19 C.F.R. § 210.76).
XI.
Bonding
The conduct prohibited by section III of this order may be continued during the sixty
(60) day period in which this Order is under review by the United States Trade Representative,
as delegated by the President (70 Fed. Reg. 43,251 (Jul. 21, 2005)), subject to Respondent’s
posting of a bond in the amount of 281 percent of the entered value of the covered products.
This bond provision does not apply to conduct that is otherwise permitted by section IV of this
Order. Covered products imported on or after the date of issuance of this Order are subject to
the entry bond as set forth in the exclusion order issued by the Commission, and are not subject
to this bond provision.
The bond is to be posted in accordance with the procedures established by the
Commission for the posting of bonds by complainants in connection with the issuance of
temporary exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying
documentation are to be provided to and approved by the Commission prior to the
commencement of conduct that is otherwise prohibited by section III of this Order. Upon the
Secretary’s acceptance of the bond, (a) the Secretary will serve an acceptance letter on all
parties, and (b) Respondent must serve a copy of the bond and accompanying documentation on

8
Complainant’s counsel.2
The bond is to be forfeited in the event that the United States Trade Representative
approves this Order (or does not disapprove it within the review period), unless (i) the U.S.
Court of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final
determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the
products subject to this bond and provides certification to that effect that is satisfactory to the
Commission.
This bond is to be released in the event (i) the United States Trade Representative
disapproves this Order and no subsequent order is issued by the Commission and approved (or
not disapproved) by the United States Trade Representative, (ii) the U.S. Court of Appeals for
the Federal Circuit, in a final judgment, reverses any Commission final determination and order
as to Respondent on appeal, or (iii) Respondent exports or destroys the products subject to this
bond and provides certification to that effect that is satisfactory to the Commission, upon service
on Respondent of an order issued by the Commission based upon application therefor made by
Respondent to the Commission.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: 	April 7, 2020
2 See Footnote 1.

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached COMMISSION ORDER has been
served via EDIS upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the
following parties as indicated, on April 7, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainant Juul Labs, Inc. :
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
Email: dyonan@sternekessler.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Lizard Juice, LLC:
Ronald J. Ventola II, Esq.
PANITCH SCHWARZE BELISARIO & NADEL LLP
2001 Market St., Suite 2800
Philadelphia, PA 19103
Email: rventola@panitchlaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vaportronix, LLC
Derek Fahey
The Plus IP Firm
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Email: derek@plusfirm.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vapor 4 Life Holdings, Inc.:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW - Suite 700
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 2
Washington, DC 20036
Email: Eric.Heyer@ThompsonHine.com ☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vape4U, LLC:
Michael N. Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 Wilshire Boulevard, Suite 301
Beverly Hills, CA 90211
Email: mcohen@cohenip.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Twist Vapor Franchising, LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, N.W. Suite 700
Washington, DC 20036
Email: Eric.Heyer@thompsonhine.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
Email: dnickel@fostermurphy.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondents MistHub, LLC, ZLab S.A., Ziip
Lab Co., Ltd., Shenzhen Yibo Technology Co., and Vaperz,
LLC:
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Email: ssusser@cgolaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent ParallelDirect LLC
Mark H. Izraelewicz, Esq.
MARSHALL, GERSTEIN & BORUN LLP
233 S. Wacker Drive
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 3
Chicago, IL 60606
Email: mizraelewicz@marshallip.com
☒ Other: Email Notification
of Availability for Download
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The Electric Tobacconist, LLC
3235 Prairie Avenue
Boulder, CO 80301
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Fuma Vapor, Inc.
605 S. Westgate Rd
Des Plaines, IL 60016
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Lan & Mike International Trading, Inc.
20435 Gramercy Place, Suite 101
Torrance, CA 90501
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Saddam Aburoumi
193 Homestead Street, Unit D3
Manchester, CT 06042
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Sarvasva LLC
D/b/a One Stop Food Mart
32 Church Road
Maple Shade, NJ 08052
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 4
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong Province, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park,
No. 2, Dawangshan Industrial lst Road,
Shajing Town, Bao’an District,
Shenzhen, Guangdong, China 518101
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
United Wholesale LLC
73 Linden Street
Glastonbury, CT 06033
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The ZFO
42 Nichols St., Suite 14,
Spencerport, NY 14559
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No. 337-TA-1141
CEASE AND DESIST ORDER
IT IS HEREBY ORDERED THAT RESPONDENT DripTip Vapes LLC, 151 North
Nob Hill Rd. #115, Plantation, FL 33324 (“Respondent”), cease and desist from conducting any
of the following activities in the United States: importing, selling, marketing, advertising,
distributing, transferring (except for exportation), soliciting United States agents or distributors,
and aiding or abetting other entities in the importation, sale for importation, sale after importation,
transfer (except for exportation), or distribution of certain cartridges for nicotine vaporizers and
components thereof, such as the mouthpiece, storage compartment, and heater, that infringe one
or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of U.S. Patent No. 10,058,129 (“the ’129
patent”); claims 10, 15, 17, and 29-32 of U.S. Patent No. 10,104,915 (“the ’915 patent”); claims
1-4, 7, 8, 10, and 11 of U.S. Patent No. 10,111,470 (“the ’470 patent”); claims 1-7 and 9-20 of
U.S. Patent No. 10,117,465 (“the ’465 patent”); and claims 1, 4-8, 10, 12, 14, and 16-23 of U.S.
Patent No. 10,117,466 (“the ’466 patent”) (collectively, “the Asserted Patents”) in violation of
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (“Section 337”).
I.
Definitions
As used in this Order:
(A) 	“Commission” shall mean the United States International Trade Commission.
(B) 	“Complainant” shall mean Juul Labs, Inc., 560 20th Street, San Francisco, CA

2
94107.
(C) 	“Respondent” shall mean DripTip Vapes LLC, 151 North Nob Hill Rd. #115,
Plantation, FL 33324.
(D) 	“Person” shall mean an individual, or any non-governmental partnership, firm,
association, corporation, or other legal or business entity other than Respondent or
its majority-owned or controlled subsidiaries, successors, or assigns.
(E) 	“United States” shall mean the fifty States, the District of Columbia, and Puerto
Rico.
(F) 	The terms “import” and “importation” refer to importation for entry for
consumption under the Customs laws of the United States.
The term “covered products” shall mean cartridges for nicotine vaporizers and
components thereof, such as the mouthpiece, storage compartment, and heater, that infringe one
or more of claims 1-3, 5-8, 12, 13, 16-20, and 22 of the ’129 patent; claims 10, 15, 17, and 29-32
of the ’915 patent; claims 1-4, 7, 8, 10, and 11 of the ’470 patent; claims 1-7 and 9-20 of the
’465 patent; and claims 1, 4-8, 10, 12, 14, and 16-23 of the ’446 patent. Covered products shall
not include articles for which a provision of law or license avoids liability for infringement.
II.
Applicability
The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled
(whether by stock ownership or otherwise) and majority-owned business entities, successors, and
assigns, and to each of them, insofar as they are engaging in conduct prohibited by section III,
infra, for which, or otherwise on behalf of, Respondent.

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III.
Conduct Prohibited
The following conduct of Respondent in the United States is prohibited by this Order.
For the remaining term of the Asserted Patents, Respondent shall not:
(A) 	import or sell for importation into the United States covered products;
(B) 	market, distribute, sell, or otherwise transfer (except for exportation) imported
covered products;
(C) 	advertise imported covered products;
(D) 	solicit U.S. agents or distributors for imported covered products; or
(E) 	aid or abet other entities in the importation, sale for importation, sale after
importation, transfer, or distribution of covered products.
IV.
Conduct Permitted
Notwithstanding any other provision of this Order, specific conduct otherwise prohibited
by the terms of this Order shall be permitted if:
(A) 	in a written instrument, the owner of the Asserted Patents licenses or authorizes
such specific conduct; or
(B) 	such specific conduct is related to the importation or sale of covered products by
or for the United States.
V.
Reporting
For purposes of this requirement, the reporting periods shall commence on January 1 of
each year and shall end on the subsequent December 31. The first report required under this
section shall cover the period from the date of issuance of this order through December 31, 2020.
This reporting requirement shall continue in force until such time as Respondent has truthfully

4
reported, in two consecutive timely filed reports, that it has no inventory of covered products in
the United States.
Within thirty (30) days of the last day of the reporting period, Respondent shall report to
the Commission: (a) the quantity in units and the value in dollars of covered products that it has
imported and/or (ii) sold in the United States after importation during the reporting period, and
(b) the quantity in units and value in dollars of reported covered products that remain in
inventory in the United States at the end of the reporting period.
When filing written submissions, Respondent must file the original document
electronically on or before the deadlines stated above and submit eight (8) true paper copies to
the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should refer
to the investigation number (“Inv. No. 337-TA-1141”) in a prominent place on the cover pages
and/or the first page. See Handbook for Electronic Filing Procedures,
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions
regarding filing should contact the Secretary (202-205-2000). If Respondent desires to submit a
document to the Commission in confidence, it must file the original and a public version of the
original with the Office of the Secretary and must serve a copy of the confidential version on
Complainant’s counsel.1
Persons filing written submissions must file the original document electronically on or
before the deadlines stated above. The Commission’s paper filing requirements in 19 C.F.R.
210.4(f) are currently waived, pending resolution of the COVID-19 crisis. 85 Fed. Reg. 15798
1 Complainant must file a letter with the Secretary identifying the attorney to receive
reports and bond information associated with the Order. The designated attorney must be on the
protective order entered in this investigation.

5
(March 19, 2020).
Any failure to make the required report or the filing of any false or inaccurate report shall
constitute a violation of this Order, and the submission of a false or inaccurate report may be
referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
VI.
Record-Keeping and Inspection
(A) 	For the purpose of securing compliance with this Order, Respondent shall retain
any and all records relating to the sale, marketing, or distribution in the United
States of covered products, made and received in the usual and ordinary course of
business, whether in detail or in summary form, for a period of three (3) years
from the close of the fiscal year to which they pertain.
(B) 	For the purposes of determining or securing compliance with this Order and for
no other purpose, subject to any privilege recognized by the federal courts of the
United States, and upon reasonable written notice by the Commission or its staff,
duly authorized representatives of the Commission shall be permitted access and
the right to inspect and copy, in Respondent’s principal offices during office
hours, and in the presence of counsel or other representatives if Respondent so
chooses, all books, ledgers, accounts, correspondence, memoranda, and other
records and documents, in detail and in summary form, that must be retained
under subparagraph VI(A) of this Order.
VII.
Service of Cease and Desist Order
Respondent is ordered and directed to:
(A) 	Serve, within fifteen (15) days after the effective date of this Order, a copy of this

6
Order upon each of its respective officers, directors, managing agents, agents, and
employees who have any responsibility for the importation, marketing,
distribution, or sale of imported covered products in the United States;
(B) 	Serve, within fifteen (15) days after the succession of any persons referred to in
subparagraph VII(A) of this order, a copy of the Order upon each successor; and
(C) 	Maintain such records as will show the name, title, and address of each person
upon whom the Order has been served, as described in subparagraphs VII(A) and
VII(B) of this order, together with the date on which service was made.
The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
the expiration of the Asserted Patents.
VIII.
Confidentiality
Any request for confidential treatment of information obtained by the Commission
pursuant to section VI of this order should be made in accordance with section 201.6 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
confidential treatment is sought, Respondent must provide a public version of such report with
confidential information redacted.
IX.
Enforcement
Violation of this order may result in any of the actions specified in section 210.75 of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
civil penalties under Section 337(f) of the Tariff Act of 1930 (19 U.S.C. § 1337(f)), as well as
any other action that the Commission deems appropriate. In determining whether Respondent is
in violation of this order, the Commission may infer facts adverse to Respondent if it fails to

7
provide adequate or timely information.
X.
Modification
The Commission may amend this order on its own motion or in accordance with the
procedure described in section 210.76 of the Commission’s Rules of Practice and Procedure
(19 C.F.R. § 210.76).
XI.
Bonding
The conduct prohibited by section III of this order may be continued during the sixty
(60) day period in which this Order is under review by the United States Trade Representative,
as delegated by the President (70 Fed. Reg. 43,251 (Jul. 21, 2005)), subject to Respondent’s
posting of a bond in the amount of 281 percent of the entered value of the covered products.
This bond provision does not apply to conduct that is otherwise permitted by section IV of this
Order. Covered products imported on or after the date of issuance of this Order are subject to
the entry bond as set forth in the exclusion order issued by the Commission, and are not subject
to this bond provision.
The bond is to be posted in accordance with the procedures established by the
Commission for the posting of bonds by complainants in connection with the issuance of
temporary exclusion orders. See 19 C.F.R. § 210.68. The bond and any accompanying
documentation are to be provided to and approved by the Commission prior to the
commencement of conduct that is otherwise prohibited by section III of this Order. Upon the
Secretary’s acceptance of the bond, (a) the Secretary will serve an acceptance letter on all
parties; and (b) Respondent must serve a copy of the bond and accompanying documentation on

8
Complainant’s counsel.2
The bond is to be forfeited in the event that the United States Trade Representative
approves this Order (or does not disapprove it within the review period), unless (i) the U.S.
Court of Appeals for the Federal Circuit, in a final judgment, reverses any Commission final
determination and order as to Respondent on appeal, or (ii) Respondent exports or destroys the
products subject to this bond and provides certification to that effect that is satisfactory to the
Commission.
This bond is to be released in the event (i) the United States Trade Representative
disapproves this Order and no subsequent order is issued by the Commission and approved (or
not disapproved) by the United States Trade Representative, (ii) the U.S. Court of Appeals for
the Federal Circuit, in a final judgment, reverses any Commission final determination and order
as to Respondent on appeal, or (iii) Respondent exports or destroys the products subject to this
bond and provides certification to that effect that is satisfactory to the Commission, upon service
on Respondent of an order issued by the Commission based upon application therefor made by
Respondent to the Commission.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: 	April 7, 2020
2 See Footnote 1.

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached COMMISSION ORDER has been
served via EDIS upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the
following parties as indicated, on April 7, 2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainant Juul Labs, Inc. :
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
Email: dyonan@sternekessler.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Lizard Juice, LLC:
Ronald J. Ventola II, Esq.
PANITCH SCHWARZE BELISARIO & NADEL LLP
2001 Market St., Suite 2800
Philadelphia, PA 19103
Email: rventola@panitchlaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vaportronix, LLC
Derek Fahey
The Plus IP Firm
101 NE 3rd Ave., Suite 1500
Fort Lauderdale, FL 33301
Email: derek@plusfirm.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vapor 4 Life Holdings, Inc.:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW - Suite 700
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 2
Washington, DC 20036
Email: Eric.Heyer@ThompsonHine.com ☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Vape4U, LLC:
Michael N. Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 Wilshire Boulevard, Suite 301
Beverly Hills, CA 90211
Email: mcohen@cohenip.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Twist Vapor Franchising, LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, N.W. Suite 700
Washington, DC 20036
Email: Eric.Heyer@thompsonhine.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
Email: dnickel@fostermurphy.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondents MistHub, LLC, ZLab S.A., Ziip
Lab Co., Ltd., Shenzhen Yibo Technology Co., and Vaperz,
LLC:
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Email: ssusser@cgolaw.com
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Email Notification
of Availability for Download
On Behalf of Respondent ParallelDirect LLC
Mark H. Izraelewicz, Esq.
MARSHALL, GERSTEIN & BORUN LLP
233 S. Wacker Drive
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 3
Chicago, IL 60606
Email: mizraelewicz@marshallip.com
☒ Other: Email Notification
of Availability for Download
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd. #115
Plantation, FL 33324
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The Electric Tobacconist, LLC
3235 Prairie Avenue
Boulder, CO 80301
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Fuma Vapor, Inc.
605 S. Westgate Rd
Des Plaines, IL 60016
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Lan & Mike International Trading, Inc.
20435 Gramercy Place, Suite 101
Torrance, CA 90501
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Saddam Aburoumi
193 Homestead Street, Unit D3
Manchester, CT 06042
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Sarvasva LLC
D/b/a One Stop Food Mart
32 Church Road
Maple Shade, NJ 08052
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1195
Certificate of Service – Page 4
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd,
Shajing Town, Bao’an District,
Shenzhen City, Guangdong Province, China 518104
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park,
No. 2, Dawangshan Industrial lst Road,
Shajing Town, Bao’an District,
Shenzhen, Guangdong, China 518101
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
United Wholesale LLC
73 Linden Street
Glastonbury, CT 06033
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants
The ZFO
42 Nichols St., Suite 14,
Spencerport, NY 14559
☐ Via Hand Delivery
☐ Via Express Delivery
☐ Via First Class Mail
☒ Other: Service to Be
Completed by Complainants

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington,D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Investigation No.337-TA-1141
NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
DETERMINATION(ORDER NO.51)TO TERMINATE THE INVESTIGATION WITH
RESPECT TO A RESPONDENT DUE TO SETTLEMENT;REQUEST FOR WRITTEN
SUBMISSIONS ON REMEDY,THE PUBLIC INTEREST,AND BONDING
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission (the
"Commission")has determined not to review an initial determination("ID")(Order No. 51)
terminating the investigation with respect to respondent Vaperz LLC of Frankfort, Illinois
("Vaperz")due to a settlement agreement. The Commission is also requesting written
submissions on remedy, the public interest, and bonding concerning respondents found to be in
default, namely, DripTip Vapes LLC of Plantation, Florida; and Shenzhen OVNS Technology
Co., Ltd, Shenzhen Haka Flavor Technology Co., Ltd., and Shenzhen OCIGA Technology Co.,
Ltd., all of Guangdong, China.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office ofthe General
Counsel, U.S. International Trade Commission, 500 E Street SW,Washington, DC 20436,
telephone(202)205-2382. Copies of non-confidential documents filed in connection with this
investigation are or will be available for inspection during official business hours(8:45 a.m. to
5:15 p.m.)in the Office ofthe Secretary, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436,telephone(202)205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The
public record for this investigation may be viewed on the Commission's Electronic Docket
Information System ("EDIS")(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the Commission's TDD terminal,
telephone(202)205-1810.
SUPPLEMENTARY INFORMATION: On December 27,2018,the Commission instituted
the present investigation based on a complaint filed by Juul Labs, Inc.("Juul")of San Francisco,
California. 83 FR 66746-747(Dec. 27, 2018). The complaint alleges a violation of 19 U.S.C.
1337, as amended ("Section 337"), in the importation, sale for importation, and sale in the
United States after importation of certain cartridges used in electronic nicotine delivery systems
and components thereof that allegedly infringe one or more ofthe asserted claims of U.S. Patent

Nos. 10,058,129; 10,104,915; 10,111,470; 10,117,465; and 10,117,466. Id. The complaint also
alleges the existence of a domestic industry. Id. The notice ofinvestigation named 23
respondents. Id. The Office of Unfair Import Investigations("OUII") was also named as a
party. Id.
Ton May 3, 2019,the presiding administrative law judge("All")found four respondents
in default, namely, DripTip Vapes LLC,Shenzhen OVNS Technology Co., Ltd, Shenzhen Haka
Flavor Technology Co., Ltd., and Shenzhen OCIGA Technology Co., Ltd.(collectively,"the
Defaulting Respondents"). Order No. 26(May 3,2019), not rev'd, Comm'n Notice(May 31,
2019). On September 9, 2019, Juul filed a Declaration Seeking Immediate Relief Against
Defaulting Respondents. On September 19, 2019, OUII filed a response opposing Juul's
declaration as premature and stating that any requested relief should be deferred until the end of
the investigation. The Commission finds Juul's declaration is moot.
The Commission terminated the investigation with respect to the other 18 respondents
due to settlement agreements or consent orders. See Order Nos. 46-50(Nov. 18, 2019), not
rev'd, Comm'n Notice(Dec. 16, 2019); Order No.44(Sept. 18, 2019), not rev'd, Comm'n
Notice (Oct. 15, 2019); Order No. 34(June 14, 2019), not rev'd, Comm'n Notice (July 10,
2019); Order No. 30(May 15, 2019), not rev'd, Comm'n Notice (June 12, 2019); Order No. 25
(April 18, 2019), not rev 'd, Comm'n Notice(May 15, 2019); Order Nos. 19-21 (Apr. 10, 2019),
not rev'd, Comm'n Notice(May 7,2019); Order Nos. 15, 16(Mar. 12, 2019), not rev'd,
Comm'n Notice(Mar. 26, 2019); Order Nos. 13, 14(Feb. 28, 2019), not rev'd, Comm'n Notice
(Mar. 26, 2019).
On November 22,2019, Juul and the remaining respondent, Vaperz,jointly moved to
terminate the investigation with respect to Vaperz based on a settlement agreement. On
December 4,2019, OUII filed a response supporting the motion to terminate.
On December 5, 2019, the AUJ issued the subject ID (Order No. 51)granting the joint
motion to terminate the investigation with respect to Vaperz. The ID finds that the joint motion
complied with the requirements of 19 CFR 210.21(a)(2)and 210.21(b)(1), including the
provision of a public version ofeach settlement agreement and a statement that there are no other
agreements, written or oral, express or implied, between the parties concerning the subject matter
ofthis investigation. Order No. 51 at 2-3(Dec. 5, 2019). The ID also finds that the settlement
agreement does not adversely impact the public interest, which generally favors settlement. Id.
The ID also finds there are no other active parties in this investigation; thus, the proceedings
before the AUJ are terminated. Id. No petitions to review the subject ID were filed.
On December 12, 2019, Juul renewed its request for relief against the Defaulting
Respondents, as set forth in its September 9,2019, declaration.
The Commission has determined not to review the subject ID and has further determined
to request briefing on the issues ofremedy, bonding, and the public interest.
Section 337(g)(1)(19 U.S.0. 1337(g)(1)) and Commission Rule 210.16(c)(19 CFR
210.16(c)) direct the Commission, upon request, to issue a limited exclusion order or a cease and
desist order or both against a respondent found in default, unless after consideration ofthe public
2

interest factors in Section 337(g)(1), it finds that such relief should not issue. Accordingly, in
connection with the final disposition ofthis investigation, the Commission is interested in
receiving written submissions that address the form of remedy,if any, that should be ordered
with respect to the Defaulting Respondents, identified above. If a party seeks exclusion of an
article from entry into the United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities involving other types of
entry either are adversely affecting it or likely to do so. For background,see Certain Devicesfor
Connecting Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843,
Comm'n Op. at 7-10(December 1994).
When the Commission contemplates some form ofremedy, it must consider the effects of
that remedy upon the public interest. The factors the Commission will consider include the
effect that an exclusion order and/or cease and desist orders would have on(1)the public health
and welfare,(2)competitive conditions in the U.S. economy,(3)U.S. production of articles that
are like or directly competitive with those that are subject to investigation, and(4)U.S.
consumers. The Commission is therefore interested in receiving written submissions that address
the aforementioned public interest factors in the context ofthis investigation.
If the Commission orders some form of remedy, the U.S. Trade Representative, as
delegated by the President, has 60 days to approve or disapprove the Commission's action. See
Presidential Memorandum of July 21,2005, 70 FR 43251 (July 26, 2005). During this period,
the subject articles would be entitled to enter the United States under bond, in an amount
determined by the Commission and prescribed by the Secretary ofthe Treasury. The
Commission is therefore interested in receiving submissions concerning the amount ofthe bond
that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested government agencies, and
any other interested parties are encouraged to file written submissions on the issues of remedy,
the public interest, and bonding.
Complainants and OUII are requested to submit proposed remedial orders for the
Commission's consideration. Complainants are also requested to state the date that the asserted
patents expire, the HTSUS numbers under which the accused products are imported, and to
supply the names of known importers ofthe products at issue in this investigation. The written
submissions regarding remedy, bonding, and the public interest and proposed remedial orders
must be filed no later than close of business on January 13,2020. Reply submissions must be
filed no later than the close of business on January 20,2020. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document electronically on or
before the deadlines stated above and submit eight(8)true paper copies to the Office ofthe
Secretary pursuant to Section 210.4(f) ofthe Commission's Rules of Practice and Procedure(19
CFR 210.4(f)). Submissions should refer to the investigation number ("Inv. No. 337-TA-1141")
in a prominent place on the cover page and/or the first page. (See Handbook on Filing
Procedures, https://www.usitc.gov/documents/handbook onfiling_procedures.'cif). Persons
with questions regarding filing should contact the Secretary at(202)205-2000.
3

Any person desiring to submit a document to the Commission in confidence must request
confidential treatment unless the information has already been granted such treatment during the
proceedings. All such requests should be directed to the Secretary ofthe Commission and must
include a full statement ofthe reasons why the Commission should grant such treatment. See 19
CFR 210.6. Documents for which confidential treatment by the Commission is sought will be
treated accordingly. A redacted non-confidential version ofthe document must also be filed
simultaneously with any confidential filing. All information, including confidential business
information and documents for which confidential treatment is properly sought, submitted to the
Commission for purposes ofthis Investigation may be disclosed to and used: (i) By the
Commission,its employees and Offices, and contract personnel(a)for developing or
maintaining the records ofthis or a related proceeding, or(b)in internal investigations, audits,
reviews, and evaluations relating to the programs, personnel, and operations ofthe Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract
personnel' solely for cybersecurity purposes. All non-confidential written submissions will be
available for public inspection at the Office ofthe Secretary and on EDIS.
The authority for the Commission's determination is contained in Section 337 ofthe
Tariff Act of 1930, as amended(19 U.S.C. 1337), and in part 210 ofthe Commission's Rules of
Practice and Procedure(19 CFR part 210).
By order of the Commission.
OtoT)Lisa R. Barton
Secretary to the Commission
Issued: January 6, 2020
1 All contract personnel will sign appropriate nondisclosure agreements.
4

CERTAIN ELECTRONIC NICOTINE DELIVERY SYSTEMS Inv. No.337-TA-1141
AND COMPONENTS THEREOF
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the following parties
as indicated, on January 6,2020.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW,Room 112
Washington, DC 20436
On Behalf of Complainant:
Daniel E. Yonan, Esq.
STERNE,ICESSLER,GOLDSTEIN & FOX,P.L.L.C.
1100 New York Avenue,N.W.
Washington, DC 20005
On Behalf of Respondent Vaperz LLC:
Steven Susser
CARLSON,GASKEY AND OLDS,P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Respondents:
DripTip Vapes LLC
151 N. Nob Hill Rd.#115
Plantation, FL 33324
Shenzhen Haka Flavor Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd.
Shajing Town, Bao'an District
Shenzhen City, Guangdong, China 518104
Shenzhen OCIGA Technology Co., Ltd.
4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd.
Shajing Town,Bao'an District
Shenzhen City, Guangdong Province, China 518104
O Via Hand Delivery
O Via Express Delivery
Z Via First Class Mail
O Other:
O Via Hand Delivery
O Via Express Delivery
El Via First Class Mail
O Other:
O Via Hand Delivery
El Via Express Delivery
1Z Via First Class Mail
1= Other:
O Via Hand Delivery
O Via Express Delivery
El Via First Class Mail
O Other:
O Via Hand Delivery
O Via Express Delivery
El Via First Class Mail
O Other:

CERTAIN ELECTRONIC NICOTINE DELIVERY Inv. No.337-TA-1141
SYSTEMS AND COMPONENTS THEREOF
Certificate of Service — Page 2
Shenzhen OVNS Technology Co., Ltd.
6F, North Side Of Xinlong Tech Park
No.2, Dawangshan, Industrial 1'Road,
Shaijing Town, Bao'an District
Shenzhen, Guangdong, China 518101
O Via Hand Delivery
O Via Express Delivery
121 Via First Class Mail
O Other:

PUBLIC VERSION
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington,D.C.
In the Matter of
CERTAIN CARTRIDGES FOR
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Inv. No. 337-TA-1141
ORDER NO.51: INITIAL DETERMINATION TERMINATING RESPONDENT
VAPERZ LLC BASED ON SETTLEMENT
(December 5,2019)
On November 22,2019, Complainant Juul Labs, Inc.("Juul")and Respondent Vaperz
LLC("Vaperz")filed a joint motion to terminate the investigation as to the Vaperz based on
settlement(Motion Docket No. 1141-054). The Commission Investigative Staff("Staff')filed a
response in support ofthe motion on December 4, 2019. There are no other active parties
remaining in the investigation, because all ofthe other named respondents were previously
terminated by consent order' or by settlement,2 or have been found in default.3
'Order No. 13(Feb. 28,2019)and Order No. 14(Feb. 28,2019), not reviewed by Comm'n
Notice(Mar. 27, 2019); Order No. 15(Mar. 12, 2019)and Order No. 16(Mar. 12,2019), not
reviewed by Comm'n Notice(Mar. 27, 2019); Order No. 25(Apr. 18, 2019), not reviewed by
Comm'n Notice(May 16, 2019); Order No. 34(Jun. 14, 2019), not reviewed by Comm'n Notice
(Jul. 10, 2019).
2 Order No. 19(Apr. 10, 2019), Order No. 20(Apr. 10, 2019), and Order No. 21 (Apr. 10, 2019),
not reviewed by Comm'n Notice(May 7, 2019); Order No. 30(May 15, 2019), not reviewed by
Comm'n Notice(Jun. 12,2019); Order No.44(Sept. 18, 2019), not reviewed by Comm'n Notice
(Oct. 15, 2019); Order No.46(Nov. 18, 2019); Order No.47(Nov. 18, 2019); Order No.48
(Nov. 18, 2019); Order No.49(Nov. 18, 2019); Order No. 50(Nov. 18,2019).
3 Order No. 26(May 3,2019), not reviewed by Comm'n Notice(May 31, 2019).

PUBLIC VERSION
Commission Rule 210.21(a)(2) states in relevant part that "[a]ny party may move at any
time for an order to terminate an investigation in whole or in part as to any or all respondents on
the basis of a settlement, a licensing or other agreement...." 19 C.F.R. § 210.21(a)(2).
Commission Rule 210.21(b) governs termination by settlement, and subsection(b)(1) provides
that in order for an investigation to be terminated on the basis of a licensing or other settlement
agreement, the motion for termination must include:(1)copies ofthe "licensing or other
settlement agreement," including both a public and a confidential version if necessary;(2)any
supplemental agreements; and(3)"a statement that there are no other agreements, written or
oral, express or implied between the parties concerning the subject matter ofthe investigation."
19 C.F.R. § 210.21(b)(1).
Consistent with Commission Rule 210.21(b)(1), a public version ofthe settlement
agreement between Juul and Vaperz was attached to the motion as Exhibit A, with a confidential
version attached as Exhibit B.
In further compliance with Commission Rule 210.21(b)(1), the motion contains a
statement that there are no other agreements, written or oral, express or implied between the
parties concerning the subject matter ofthe investigation. Motion at 2. Pursuant to Commission
Rule 210.50(b)(2), the moving parties submit that termination ofthe Ziip Respondents from this
investigation will not adversely affect the public interest because it will not affect the public
health and welfare, competitive conditions in the U.S. economy,the production oflike or directly
competitive articles in the United States, or U.S. customers. Motion Memo. at 4(citing 19
C.F.R. § 210.50(b)(2)). Staff agrees that there is no evidence ofany adverse effect on the public
interest with respect to this settlement. Staff Resp. at 2-3. Moreover,the public interest
2

PUBLIC VERSION
generally favors settlement to avoid needless litigation and to conserve public resources. See,
e.g., Order No. 19 at 2-3(Apr. 9, 2019), not reviewed by Comm'n Notice(May 7, 2019).
Accordingly, it is my initial determination that Motion Docket No. 1141-054 is hereby
GRANTED,and Respondent Vaperz LLC shall be terminated from the investigation. Pursuant
to Commission Rule 210.21(b)(2), a copy ofthe settlement agreement is attached hereto as
Exhibit A,and a redacted version shall issue simultaneously with a public version ofthis order.
19 C.F.R. § 210.21(b)(2). Because there are no other active respondents in this investigation,
this concludes the proceedings before the administrative law judge.
Pursuant to Commission Rule 210.42(h), this initial determination shall become the
determination ofthe Commission unless a party files a petition for review ofthe initial
determination pursuant to Commission Rule 210.43(a), or the Commission, pursuant to
Commission Rule 210.44, orders, on its own motion, a review ofthe initial determination or
certain issues contained herein. 19 C.F.R. § 210.42(d).
SO ORDERED.
e 14/1
Dee Lord
Administrative Law Judge
3

PUBLIC VERSION
Exhibit A
1

SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT(the "Agreement")is made this 18 th day of
November,2019(the "Effective Date"), between Juul Labs, Inc.("JLI"), a privately-held
corporation organized and existing under the laws ofthe state of Delaware, with its principal
place of business at 560 20th Street, San Francisco, California 94107, and Vaperz LLC
("Vaperz"), a privately-held corporation with its principal place of business at 19818 S. Harlem
Ave, Frankfort, Illinois 60423. JLI and Vaperz are individually referred to herein as a "Party,"
and collectively as the "Parties."
WHEREAS,JLI named Vaperz as a Respondent in a Complaint("Complaint") in an
investigation styled In the Matter ofCertain Cartridgesfor Electronic Nicotine Delivery Systems
and Components Thereof, Investigation No. 337-TA-1141, filed on November 20,2018, and
instituted by the United States International Trade Commission (the "Investigation") for
violation of Section 337 ofthe Tariff Act of 1930, as amended, by way of manufacturing,
distributing, selling in the United States, and/or otherwise dealing in certain cartridges for
electronic nicotine delivery systems("ENDS")and components thereofthat infringe certain JLI
U.S. Patent Nos. 10,058,129, 10,104,915, 10,111,470, 10,117,465, and 10,117,466(the
-Asserted Patents");
WHEREAS,JLI named Vaperz as a Defendant in a district court complaint, including
JUUL Labs., Inc. v. Vaperz LLC,No. 1:18-cv-07715(N.D. Ill.)(the "District Court Case")for
infringing JLI's intellectual property;
WHEREAS,Vaperz stipulated that its products contain the limitations ofthe Asserted
Patents on May 28, 2019. Vaperz further did not oppose JLI's motion for summary
determination ofinfringement ofthose patents on July 23, 2019;
WHEREAS,Vaperz proceeded to a hearing in the Investigation on Sept. 24, 2019, and
executed a binding Term Sheet to settle the case during JLI's opening argument;
WHEREAS, Vaperz agreed to settle the Investigation and the district court suit and, in so
doing,Vaperz admits that the claims ofthe Asserted Patents are valid and that the Juul-
compatible products that it sold in the United States infringe the claims the of the Asserted
Patents; and Vaperz desires to work with JLI in an effort to resolve the ITC and district court
litigation and prevent products that infringe JLI's intellectual property from being sold through
Vaperz;
NOW,THEREFORE,in consideration ofthe premises and the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the Parties agree as follows:
1

Section 1. Definitions
The terms set forth below shall have the following meanings in the Agreement:
1.1 "Juul-compatible products" means any ENDS cartridge—including any and all
components thereof—that is compatible with or work with JLI's ENDS and any device—
including any and all components thereof—that is compatible with or will work with JLI's
ENDS cartridge. For the avoidance ofdoubt, for the purposes ofthis agreement, Juul-compatible
products include, but are not limited to, any products, any devices, any cartridges, or any
components thereof that infringe any ofthe claims of JLI N.A. Patents and includes, but is not
limited to, the articles listed in Appendix 1.
1.3 "Vaperz Website" means Vaperz's website, namely, any website, social media
account, or e-commerce account owned or controlled by Vaperz now or in the future.
1.4 "Third Party" or "Third Parties" means any person other than JLI or Vaperz.
1.5 "Vaperz CBI" means documents and things produced by Vaperz in the
investigation styled In the Matter ofCertain Cartridgesfor Electronic Nicotine Delivery Systems
and Components Thereof; Investigation No. 337-TA-1141, that was designated as Confidential
Business Information pursuant to the Protective Order(Order No. 1 filed December 21,2018).
1.6 "JLI N.A. Patents" means all U.S., Mexican, and Canadian patents and U.S.,
Mexican, and Canadian patent applications that JLI owns or controls as of the Effective Date and
all related patents, including but not limited to continuations, continuations-in-part, and
divisionals ofthose patent and patent applications that derive therefrom regardless of when filed,
to the extent they cover Juul-compatible products.
Section 2. Termination of the Investigation
2.1 Timing of Dismissal. Withingbusiness days after the Effective Date, the
Parties shall prepare and file a joint Motion to ermmate the Investigation and the District Court
Case with respect to Vaperz based on this Agreement. The parties agree that the district court
will retain jurisdiction to enforce this agreement. Vaperz agrees to reasonably cooperate if
needed in filing all papers necessary to resolve the Investigation and the District Court Case with
respect to Vaperz.
2.2
2

Section 3. Consideration and Obliaations
3.1 No Knowing Violation ofJLI Intellectual Property. Vaperz(1) will not
knowingly manufacture, market, sell, distribute, sell for importation, import or sell after
importation any Juul-compatible or any JUUL-branded products in retail or online, directly or
indirectly and(2)will not knowingly aid, abet, encourage, participate in, or induce the
manufacture, marketing, sale, distribution, sale for importation, importation, or sale after
importation ofany Juul-compatible products or any JUUL-branded products in retail or online
except(as applied to(1)and (2)above) under consent or license from JLI, its successors, or
assignees, or to the extent permitted by the Agreement or by law, or until the expiration,
invalidation, or unenforceability ofthe applicable JLI Intellectual Property. Such efforts shall
include:
3.1.1 Cease and Desist Marketing, Distribution, and Sale. Vaperz agrees to
immediately cease and desist marketing, distributing, and selling of any Juul-compatible and any
JUUL-branded products in retail or online. Vaperz agrees to remove listings of any Juul-
compatible and any JUUL-branded products from the Vaperz Website, until such time as
provided by Section 3.1. To the extent Vaperz becomes an authorized JUUL reseller, Vaperz
may then sell JUUL-branded products like any other authorized seller.
Va a erz attests that (a)it no
Ion er
3.3 Direct Contacts. Within two(2)weeks of the Effective Date, Vaperz and JLI will
assign and identify a direct contact having sufficient authority for the purpose ofcommunicating
with the other Party to coordinate on JLI's intellectual property protection measures, including
those detailed in Sections 3.1 and 3.2, to effectuate the obligations under this Agreement and to
3

create a communication path for escalation of related issues. Such direct contacts will
communicate by telephone or in person as necessary to discuss the current state ofsuch issues
and the effectiveness ofthe measures and obligations set forth under this Agreement.
3.4 Ownership of JLI N.A. Patents; Agreement Not to Challenge Validity.
Vaperz hereby acknowledges, agrees, and assents to JL1's exclusive ownership of JLI N.A.
Patents. Vaperz represents, warrants, and covenants to JLI that it shall never directly or indirectly
raise, assist a Third Party in asserting, cause to be raised, take any action, or assert any claim of
any kind relating to the exclusive rights of JLI and its affiliates in and to the JLI N.A. Patents or
the validity of the JLI N.A. Patents, or oppose, object to, or otherwise challenge any application
for any JLI N.A. Patents. Vaperz acknowledges that JLI N.A. Patents will change from time to
time as JLI adopts, acquires or claims patents and other intellectual property rights.
3.5 Release. JLI and its parent entities, successors, predecessors, subsidiaries, and
respective members, partners, shareholders, officers, directors, and employees, agree to release
Vaperz, its successors, heirs, members, partners, shareholders, assigns, officers, directors,
servants, and employees, as to all claims for patent infringement ofJLI N.A. Patents based on
Vaperz's activities that were known or reasonably could have been known prior to the date of
this Agreement and could have been raised through the date ofthe Agreement. For the avoidance
doubt, this section does not include any claims based on future events. In the event that Vaperz
materially breaches this Agreement, this Section shall no longer apply.
3.6 Right to Enforce This Agreement. Notwithstanding Section 3.5 or any other
provision of this Agreement, the parties shall have the right to enforce this Agreement, including
the right to seek specific performance ofthe terms and conditions of this Agreement.
Section 4. Representations. Warranties and Disclaimers
4.1 Authority to Sign. Each Party represents and warrants to the other Party as of the
Effective Date that it has the full right and power to enter into this Agreement, and the person
executing this Agreement has the full right and authority to enter into this Agreement on behalf
ofsuch Party and the full right and authority to bind such Party to the terms and obligations of
this Agreement.
4.2 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties and their respective successors, heirs, assigns, officers, directors, servants, and
employees. In particular, any breach of Section 3.1 by Vaperz, Vaperz's successors, heirs,
assigns, officers, servants or employees, now or in the future, will constitute a material breach of
this agreement. For the avoidance of doubt, should Vaperz sell control of its business, or a
substantial portion ofthe business related to JUUL-compatible products, this Agreement will
bind future owners to the effect that no future owner of Vaperz, or any same or differently named
entity using all or a substantial portion of the Vaperz current or future assets used to
manufacture,import and sell Juul-compatible products into North America will manufacture,
import or sell Juul-compatible products into North America.
4

4.3 No License. All Parties acknowledge and agree that no license is given or
intended, explicitly or implicitly, by entering into this Agreement to any intellectual property
owned or otherwise controlled by JLI, including but not limited to patents, trademarks, and
tradesecrets.
Section 5. Term and Termination
5.1 Term.The term of this Agreement shall commence as ofthe Effective Date and
shall remain in full force and effect until the expiration, invalidation, or unenforceability ofthe
JLI N.A. Patents. The following sections survive expiration or termination ofthis Agreement:
all sections of Section 6.
5.2 Termination. Either Party may seek to terminate this Agreement based on
material breach by the other Party. Vaperz acknowledges that any violation of Section 3
constitutes a breach ofthe terms of this Agreement. Vaperz waives any objections and consents
to JLI seeking relief before the International Trade Commission or district court without the need
for any new Complaint or the institution of any new proceeding for matters alleged in the
Complaint as ofthe Effective Date of this Agreement, as well as those related to the Juul-
compatible products. The parties further agree that if a party is found to have breached this
Agreement, the party shall be liable for all ofthe non-breaching party's costs and fees that relate
in any way to enforcing this Agreement.
Section 6. Miscellaneous Provisions
6.1 Notices. Notices and other communications regarding or under this Agreement
shall be sent(i) by overnight courier or by registered or certified mail and (ii) if available,
electronic mail to the following addresses:
If to JLI:
Juul Labs, Inc.
Attn: General Counsel and IP Department
560 20th Street
San Francisco CA 94107-4344
And
Sterne, Kessler, Goldstein & Fox PLLC
Attn: Daniel Yonan
1100 New York Avenue, NW
Washington, DC 20005
5

If to Vaperz LLC:
Carlson, Gaskey & Olds, P.C.
Attn: Steven Susser
400 West Maple Road
Birmingham, MI 48009
Such notices shall be deemed to have been served when received by addressee. Either Party may
give written notice ofa change of address and, after notice ofsuch change has been received, any
notice or request shall thereafter be given to such Party as above provided at such changed
address.
6.2 Confidentiality. The Parties agree that the terms of this Agreement and the
License are confidential. No Party shall disclose the terms of this Agreement to any Third Party
without the prior, written consent of each other Party to this Agreement. Notwithstanding the
foregoing, a Party may disclose any information that is already publicly available, as well as the
mere fact of the Agreement. Furthermore, each Party may disclose the terms of this Agreement
(a)to the extent disclosure is required by court or government order or otherwise required by law
subject to a protective order and marked as Attorneys' Eyes Only or higher designation;(b)to
the extent required to enforce its rights under this Agreement; and(c)to the extent reasonably
necessary, on a confidential basis, to any Person who, directly or indirectly, is or may be required
to be bound by the terms and conditions ofthis Agreement.
6.3 Publicity. Vaperz publicly admits to infringement of JLI's valid U.S. patent
claims in the Asserted Patents. Notwithstanding any other provision of Sections 6.2 and 6.3 of
this Agreement, the parties agree that JLI may release the information substantially as contained
in AnDendix 2.
he Parties shall d.
erms of this Agreement.
6.4 Governing Law.The construction, validity and performance of this Agreement
shall be governed in all respects(without regard to conflicts of law provisions) by the law ofthe
State of Delaware, United States of America, as such law applies to contracts signed and fully
performed in the State of Delaware. The Parties hereby submit to the jurisdiction of, and waive
any venue objections against, the federal courts in the State of Illinois.
6.5 Conflicts of Law. Nothing in the Agreement is to be construed as requiring the
commission of any act contrary to law. Wherever there is any conflict between any provision of
the Agreement and any statute, law or ordinance, or a treaty and its valid regulations, the statute,
law, ordinance, or treaty and its valid regulations shall prevail. In such event the provisions of
the Agreement shall be curtailed and limited only to the extent necessary to bring them within
6

the legal requirements, and such provisions, so curtailed and limited, together with all other
provisions ofthis Agreement shall continue in full force and effect. The Parties further agree to
negotiate in good faith an enforceable substitute provision for any invalid or unenforceable
provision that most nearly achieves the intent ofsuch provision.
6.6 Effective Date; Amendment. Although the Parties executed a binding Term
Sheet on September 24, 2019, this Agreement will not be binding upon the Parties until it has
been signed herein below by or on behalfofeach Party, in which event, it shall be effective as of
the Effective Date. No amendment or modification hereofshall be valid or binding upon the
Parties unless made in writing and signed as aforesaid.
6.7 Waiver. The failure of a Party to enforce any provision ofthis Agreement shall
not prevent the subsequent enforcement ofsuch provision. No waiver of any provision ofthis
Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not
similar, nor shall any Waiver constitute a continuing waiver unless expressly stated in writing by
the party making the Waiver. No waiver of any provision shall be binding in any event unless
executed in writing by the party making the waiver.
6.8 Sophisticated Parties Represented by Counsel. The Parties each acknowledge,
accept, warrant and represent that(i)they are sophisticated Parties represented at all relevant
times during the negotiation and execution of this Agreement by counsel of their choice, and that
they have executed this Agreement with the consent and on the advice ofsuch independent legal
counsel, and (ii) they and their counsel have determined through independent investigation and
robust, arm's-length negotiation that the terms ofthis Agreement shall exclusively embody and
govern the subject matter of this Agreement.
6.9 Entire Agreement. This Agreement embodies the entire understanding ofthe
Parties and supersedes all previous communications, representations or understandings, either
oral or written, between the Parties relating to the subject matter hereof. The Parties expressly
state that there are no other agreements, written or oral, express or implied between the parties
concerning the subject matter ofthe Investigation.
6.10 Construction; Language. The language of this Agreement has been approved by
counsel for each Party, and neither Party(nor their respective counsel)shall be deemed to be the
draftsman of this Agreement. Thus, any rule of construction to the effect that ambiguities are to
be resolved against the drafting Party will not be applied in the interpretation of this Agreement.
The words "include" and "including" and variations thereof, will not be deemed to be terms of
limitation in this Agreement, but rather will be deemed to be followed by the words "without
limitation." The headings in this Agreement are for convenience and organization only, and not
intended to constitute the substance of this Agreement and will not be referred to in connection
with the construction or interpretation of this Agreement.
6.11 Signatures. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute but one and the
same instrument. Such counterparts may be exchanged by fax, or scanned and exchanged by
7

electronic mail, confirmed with printed copy, but shall be effective upon receipt offax/electronic
mail as applicable. The Parties agree that facsimile or scanned copies ofsignatures shall be
deemed originals for all purposes hereof and that either Party may produce such copies, without
the need to produce original signatures, to prove the existence of this Agreement in any
proceeding brought hereunder.
AGREED TO:
JUUL LABS,INC. VAPERZ LLC
By:
Its:
Date:
DocuSigned by:
.E.2. Nat
117111,1111FISAA174'47 By:
Sr. Director, IP Its: 11147v4-67e
18-Nov-2019 Date: '/-
8
I

APPENDIX I
EXAMPLES OF JUUL-COMPATIBLE PRODUCTS
Atom Pods
Fuma Pod / Fumo Pod cartridges
J Pod / RefPod cartridges
Blanlcz Pod cartridges
Sex Pod cartridges
Magic Mist Pod cartridges
X Pod cartridges
5 Star Universal Pod cartridges
Edge Pod cartridges
VQ Pod cartridges
3X pod
4X pods
Airbender pod
Amo pod
Bombz pod
Buz pod
Cali pod
Cigma pod
Delicious pod
Eonsmoke device
Eonsmoke pod
Eonsmoke v2.0 device
9

Iced pod
I-pod
JC01 pod
Jewel pod
Just pod
Loon pod
Magic pod
Mr. Fog pod
OG pod
Plus pod
Pods pod
Par pod
Salteez pod
Sea pod
Sea100 pod
Sonic pod
Ultra Max (also known as
Ultimate) pod
Unique pod
Vape Heads pod
ViV pod
VQ pod
Zalt pod
Ziip device
10

Ziip pod
APPENDIX 2
EXAMPLE OF PRESS RELEASE MATERIAL
Juul Labs, Inc. announces that it has resolved the U.S. International Trade Commission
Investigation—and related action in federal district court—that it brought against Vaperz LLC,
in the Fall of 2018 for importing into and selling in the United States Juul-compatible products
that infringe JL1's U.S. Patent Nos. 10,058,129, 10,104,915, 10,111,470, 10,117,465, and
10,117,466. Vaperz has admitted that its Juul-compatible products infringed these JLI patents
and has admitted that all ofthese patents are valid
11

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE Inv. No.337-TA-1141
DELIVERY SYSTEMS AND COMPONENTS THEREOF
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
the Commission Investigative Attorney, Cortney Hoecherl,Esq., and the following parties as
indicated, on December 5,2019.
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW,Room 112
Washington, DC 20436
On Behalf of Complainants Juul Labs,Inc:
Daniel E. Yonan, Esq.
STERNE,KESSLER,GOLDSTEIN & FOX,PLLC
1100 New York Ave., NW,Suite 600
Washington, D.C. 20005
On Behalf of Respondent Vaportronix,LLC:
Derek Fahey, Esq.
THE PLUS IP FIRM,PLLC
101 NE 3"I Ave., Suite 1500
Fort Lauderdale, FL 33101
On Behalf of Respondent Vapor 4 Life Holdings,Inc., and
Twist Vapor Franchising,LLC:
Eric N. Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW — Suite 700
Washington, DC 20036
On Behalf of Respondent Maduro Distributors,Inc.:
David F. Nickel, Esq.
FOSTER,MURPHY,ALTMAN & NICKEL,PC
1150 18th Street, NW,Suite 775
Washington, DC 20036
O Via Hand Delivery
i=4"11; Express Delivery
O Via First Class Mail
O Other:
O V)-Hand Delivery
Via Express Delivery
O Via First Class Mail
O Other:
O Hand Delivery
Via Express Delivery
O Via First Class Mail
O Other:
Oyfa Hand Delivery
Via Express Delivery
O Via First Class Mail
O Other:

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Certificate of Service — Page 2
On Behalf of Respondents ZLab S.A.,SS Group Holdings,
Shenzhen Yibo Technology Co., and Vaperz,LLC:
Stephen Susser, Esq.
CARLSON,GASKEY AND OLDS,P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Inv. No.337-TA-1141
yHand Delivery
O'Via Express Delivery
12 Via First Class Mail
0 Other:

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR I 	Investigation No. 337-TA-1141
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
DETERIVHNATIONGRANTING COMPLAINANT’S MOTION FOR SUMMARY
DETERMINATION ON ISSUES OF IMPORTATION, INFRINGEMENT, AND
DOMESTIC INDUSTRY 	.
AGENCY: U.S. Intemational Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that the U.S. Intemational Trade Commission (the
“Commission”) has determined not to review an initial determination (“ID”) (Order No. 38)
granting complainant’s motion for summary determination on issues of importation,
infringement, and domestic industry.
FOR FURTHER INFORNIATION CONTACT: Carl P. Bretscher, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone (202) 205-2382. Copies of non-confidential documents filed in connection with this
investigation are or will be available for inspection dining official business hours (8:45 a.m. to
5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2000. General infonnation coneeming the
Commission may also be obtained by accessing its Internet server (httgs://www.usitc.gov). The
public record for this investigation may be viewed on the Commission’s Electronic Docket
Information System (“EDIS”) (httgs://edis.usitc. gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the Commission’s TDD terminal,
telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On December 27, 2018, the Commission instituted
the present investigation based on a complaint filed by Juul Labs, Inc. (“Juu1”or “complainant”)
of San Francisco, California. 83 FR 66746-747 (Dec. 27, 2018). The complaint alleges a
violation of 19 U.S.C. 1337, as amended (“Section 337”), in the importation, sale for
importation, and sale in the United States after importation of certain cartridges used in
electronic nicotine delivery systems and components thereof that allegedly infringe one or more
ofthe asserted claims of U.S. Patent Nos. 10,058,129 (“the ‘I29 patent”); 10,104,915 (“the ’9l5
patent”); 10,111,470 (“the ’470 patent”); 10,117,465 (“the ’465 patent”); and 10,117,466 (“the
’466 patent”). Id. The complaint also alleges the existence of a domestic industry. Id.

\
- The notice of investigation originally named twenty-three (23) respondents, of which
only nine (9) remain actively involved in this investigation: Shenzhen Yibo Technology Co. of
Shenzhen City, China; Ziip Lab Co. of Shenzhen City, China; Ziip Lab S.A. of Maldonado,
Uruguay; Maduro Distributors, Inc. (“Maduro”) of Maplewood, MN; Twist Vapor Franchising
LLC of Tampa, Florida; Vape4U LLC of Montclair, Califomia; Vaperz LLC (“Vaperz”) of
Frankfurt, Illinois; Vaportronix, LLC (“Vaportronix”) of Aventura, Florida; and Vapor 4 Life
Holdings, Inc. of Northbrook, Illinois (collectively, “Respondents”). Id. The Office of Unfair
Import Investigations (“OUII”) was also named as a party. 83 FR at 66747.
On July 23, 2019, Juul moved for summary determination of importation, infringement,
and domestic industry based on stipulations entered by Respondents and additional unrebutted
evidence submitted by Juul. On July 25, 2019, Juul filed a motion for leave to clarify its original
motion with respect to its allegations of direct and indirect infringement. On August 2, 2019,
OUII filed a response in support of the motion, as clarified, except to the extent that Juul was
seeking summary determination that the accused Vaperz JCO1pods indirectly infringe one or
more of the asserted patent claims. OUII made no objection to Vaperz’s other accused products,
i.e., its Airbender pods and Ziip pods. On August 2, 2019, Vaportronix filed a response
opposing Juu1’s motion, but only with respect to whether Juul’s investments and activities in the
United States satisfy the domestic industry requirement. Juul filed a reply in support of its
motion on August 5, 2019. 	i
On August 14, 2019, the presiding administrative law judge (“ALI”) issued the subject
ID (Order No. 38), which grants Juul’s motion and enters summary determination that: (1) the
importation requirement has been satisfied for each of the accused products; (2) the accused
products infringe, directly or indirectly, each of the asserted claims of the ’129, ’915, ’470, ’46S,
and ’466 patents, with the exception of Vaperz’s JC0l cartridge, which infringes only the ’9l5
patent, and Maduro, which is not accused of infringing the ’129 patent; and (3) Juul has satisfied
the domestic industry requirement with respect to each asserted patent. 1]) at 26-28.
No party filed a petition to review the subject ID. The Commission has determined not to
review the subject ID.
The authority for the Commission’s determination is contained in Section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of
Practice and Procedure (19 CFR part 210).
By order of the Commission. A
Lisa R. Barton _,
Secretary to the Commission
Issued: September 13, 2019
2

/
CERTAIN ELECTRONIC NICOTINE DELIVERY SYSTEMS 	Inv. No. 337-TA-1141
AND COMPONENTS THEREOF
PUBLIC CERTIFICATE OF SERVICE 	i
I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
upon the Commission Investigative Attorney, Cortney Hoecherl, Esq., and the following parties
as indicated, on September 16, 2019.
On Behalf of Complainant Juul Labs. Inc.:
Daniel E. Yonan, Esq.
STERNE, KESSLER, GOLDSTEIN & FOX, P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005
7”%@
Lisa R. Barton, Secretary
U.S. International Trade,Con1mission
500 E Street, SW, Room 112
Washington, DC 20436
U Via Hand Delivery
[:1Via Express Delivery
Via First Class Mail I
El Other: i
On Behalf of Respondents Ziip Lab S.A.. SS Group Holding,
Limited, Shenzhen Yibo Technologl Co., Ltd.. Vaperz LLC
Steven Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
El Via Hand Delivery
III Via Express Delivery
Via First Class'Mail
El Other:
On Behalf of Respondent Maduro Distributors, Inc.:
David Nickel, Esq. 	' C] Via Hand Delivery
FOSTER, MURPHY, ALTMAN & NICKEL, PC 	E Via Express Dalivery
1150 18"‘ Street NW, Suite 775
Washington, DC 20036
On Behalf of Respondent Vaportronix, LLC:
Derek Fahey, Esq.
THE PLUS IP FIRM, PLLC
101 NE 3'“ Ave., Suite 150
Fort Lauderdale, FL 33301
Via First Class Mail
E] Other:
El Via Hand Delivery
Cl Via Express Delivery
El Via First Class Mail
El Other: A

CERTAIN ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
Certificate of Service —Page 2v
On Behalf of Respondent Vapor 4 Life Holdings, Inc. and
Twist Vapor Franchising, LLC:
Eric Heyer, Esq.
THOMPSON HINE LLP
1919 M Street, NW Suite 700
Washington, DC 20036 1
On Behalf of Respondent Vape4U, LLC:
Michael Cohen, Esq.
COHEN IP LAW GROUP, PC
9025 _Wi1shireBoulevard, Suite 301
Beverly Hills, CA 90211
‘X
/
Inv. No. 337-TA-1141
El Via Hand Delivery
\:\ Via Express Delivery
IZIVia First Class Mail
El Other:
E] Via Hand Delivery
El Via Express Delivery
El Via First Class Mail '
II] Other:

PUBLIC VERSION
— UNITED STATES INTERNATIONAL TRADE COMMISSION
'\
Washington, D.C.
In the Matter of
CERTAIN CARTRIDGES FOR 	Inv. N0. 337-TA-1141
ELECTRONIC NICOTINE DELIVERY
SYSTEMS AND COMPONENTS THEREOF
ORDER NO. 38: INITIAL DETERMINATION GRANTING COMPLAINANT’S
MOTION FOR SUMMARY DETERMINATION REGARDING _
IMPORTATION, INFRINGEMENT, AND DOMESTIC INDUSTRY
V 	(August 14, 2019)
On July 23, 2019, Complainant Juul Labs Inc. (“Juul”)' filed a motion for summary
determination of importation, infringement, and satisfaction of the domestic industry requirement
(Motion Docket No. 1141-036). The motion incorporated a memorandum and appendix of
exhibits pursuant to Ground Rule 3.3.1 Juul filed an unopposed motion for leaveto clarify its
memorandum on July 25, 2019 (Motion Docket No. 1141-037), which is hereby GRANTED.
The Commission Investigative Staff (“Staft”) filed a response in support of the motion on
August 2, 2019. Respondent Vaportronix LLC (“Vaportronix”) filed a response on August 2,
2019, stating its opposition to the motion with respect to the economic prong of the domestic
industry requirement. Juul filed a reply brief on August 5, 2019.
I. BACKGROUND
This investigation was instituted pursuant to a complaint alleging infringement of certain
claims of U.S. Patent No. 10,058,129‘(“the ’129 patent”); U.S. Patent No. 10,104,915 (“the ’9~15
1There is no opposition to Juul’s filing of a summary determination motion with multiple
subparts, notwithstanding the limitation in Ground Rule 3.3.1.

PUBLIC VERSION
patent”); ’U.S. Patent No. 10,1 11,470 (“the ’47Opatent”); U.S. Patent No. 10,1 17,465 (“the ’465
patent”); and U.S. Patent No. 10,117,466 (“the ’466 patent”) by certain cartridges for nicotine
vaporizers, and components thereof, such as the mouthpiece, storage compartment, and heater.
Notice of Investigation (Dec. 19, 2018). The Notice of Investigation named 23 respondents, and
a majority of these respondents have been terminated pursuant to consent 0I‘d61‘2	or by
settlement} or have been found in default.4 The remaining active respondents in the
investigation are Shenzhen Yibo Technology Co., Ltd., Ziip Lab Co. Ltd., Ziip Lab S.A.
(collectively “Ziip’-’),Maduro Distributors Inc. (“Maduro”), Twist Vapor Franchising LLC
(“Twist”), Vape4U LLC (“Vape4U”), Vaperz LLC (“Vaperz”), Vaportronix LLC
(“Vaportronix”), and Vapor 4 Life Holdings, Inc. (“V4L”) (all collectively, “Respondents”).
The asserted claims are claims 1-3, 5-8, 12, 13, 16-20, and 22 of the ’l29 patent; claims
10, 15, 17, and 29-32 ofthe ’9l5 patent; claims 1-4, 7, 8, 10, and 11 ofthe ’470 patent; claims
1-7 and 9-20 of the ’465 patent; and claims l, 4-8, 10, 12, 14, and 16-23 of the ’466 patent. The
accused [Ziipproducts are Ziip Pods, Plus Pods, Airbender Pods, Iced Pods, Eonsmoke Pods
(also known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious Pods, ViV Pods,
Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods pods, Cigma
pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods. The accused Maduro products are
Loon Pods. The accused Twist products are Sea10OPods, Sea Pods, Buz Pods, and Eonsmoke
2 Order No. 13 (Feb. 28, 2019) and Order No. 14 (Feb. 28, 2019), not reviewed by Comm’n
Notice (Mar. 27, 2019); Order No. 15 (Mar. 12, 2019) and Order No. 16 (Mar. 12, 2019), not
reviewed by Comm’n Notice (Mar. 27, 2019); Order No. 25 (Apr. 18, 2019), not reviewed by
Comm’n Notice (May 16, 2019); Order No. 34 (Jun. 14, 2019), not reviewed by Comm’n Notice
(Jul. 10, 2019).
3 Order No. 19(Apr. 10 2019) Order No. 20 (Apr. 10 2019), and Order No. 21 (Apr. 10, 2019),
not reviewed by Connn’i1Notice (May 7, 2019); Orde;No. 30 (May 15, 2019), not reviewed by
Comm’n Notice (Jun. 12, 2019).
4 Order No. 26 (May 3, 2019), not reviewed by Comm’n Notice (May 31, 2019).
2

PUBLIC VERSION
Pods. The accused Vape4U products are Zalt Pods, Just Pods, and Ultimate Pods (fonnerly
UltraMax pods). The accused Vaperz products are Airbender Pods, Ziip pods, and JC0l pods.
The accused Vaportronix products are VQ Pods. The accused V4L products are Phix Pods,
Smoke Infinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods,
Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods. The domestic industry products are the
JUUL system, including the JUUL device and the JUULpod.
II. LEGAL STANDARDS
In section 337 investigations, Commission Rule 210.18 govems motions for summary
detennination:
The determination sought by the moving party shall be rendered if
pleadings and any depositions, answers to interrogatories, and admissions
on file, together with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is entitled to a
summary determination as a matter of law.
19 C.F.R. § 2l0.l8(b). By analogy to Fed. R. Civ. P. 56 (a), in deciding whether to grant '
summary determination, the evidence “must be viewed in the light most favorable to the party
opposing the motion . . . with doubts resolved in favor of the nonmovant.” Crown Operations
Int ‘Z,Ltd. v. Solutia, Inc., 289 F.3d 1367, 1375 (Fed. Cir. 2002) (citations omitted); see also
Xerox Corp. v. 3Com C0rp., 267 F.3d 1361, 1364 (Fed. Cir. 2001) (“Vlfhenruling on a motion
for summary judgment, all of the nonmovant’s evidence is to be credited, and all justifiable
inferences are to be drawn in the nonmovant’s favor.”). The court should “assure itself that there
is no reasonable version of the facts, on the summary judgment record, whereby the nonmovant
could prevail, recognizing that the purpose of summary judgment is not to deprive a litigant of a
fair hearing, but to avoid an unnecessary trial.” EMI Group N. Am., Inc. v. Intel C0rp., 157 F.3d
887, 891 (Fed. Cir. 1998) (citations omitted). “In other words, ‘[s]ummary judgment is
authorized when it is quite clear what the truth is’ . . . and the law requires judgment in favor of
3

PUBLIC VERSION
the movant based upon facts not in genuine dispute.” Paragon Podiatry Lab., Inc. v. KLMLabs.,
Ina, 984 F.2d 1182, 1185 (Fed. Cir. 1993) (citations omitted).
III. IMPORTATION
Section 337 prohibits “[t]he importation into the United States, the sale for importation,
or the sale within the United States after importation by the owner, importer, or consignee, of
articles that . . . infringe a valid and enforceable United States patent.” 19 U.S.C. 	i
§ 1337(a)(1)(B). Accordingly, a necessary element for invoking the Commission’s jurisdiction
under section 337 is proof that the respondent imported, sold for importation, or sold after
importation the articles at issue. Certain Carbon and Alloy Steel Products, Inv. No. 337-TA
1002, Order No. 103 at 33 (Oct. 2, 2017), not reviewed by Comm’n Notice (Nov. 1, 2017). The
importation of even one accused product can satisfy the importation requirement of section 337.
Certain Trolley WheelAssemblies, Inv. No. 337-TA-161, Comm’n Op. at 7-8, USITC Pub. No.
1605 (Nov. 1984).
Each of the respondents has stipulated to the sale and importation of the accused
products. Ziip stipulated to the sale and importation of Ziip Pods, Plus Pods, Airbender Pods,
Iced Pods, Eonsmoke Pods (also known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods,
Delicious Pods, ViV Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG
pods, Pods pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods. Motion
Exhibit 1, Ziip Stipulation 111]1-4 (May 28, 2019). Maduro stipulated to the sale and importation
of Loon Pods. Motion Exhibit 2, Maduro Stipulation 111]1-4 (June 5, 2019). Twist stipulated to
the sale and importation of Sea100 Pods, Sea Pods, Buz Pods, and Eonsmoke Pods. Motion
Exhibit 3, Twist Stipulation 111]1-4 (June 4, 2019). Vape4U stipulated to the sale and importation
of Zalt Pods, Just Pods, and Ultimate Pods (formerly UltraMax pods). Motion Exhibit 4,
Vape4U Stipulation 1]1l1-4 (May 30, 2019). Vaperz stipulated to the sale and importation of
4

PUBLIC VERSION
Airbender Pods, Ziip pods, and JC0l pods. Motion Exhibit 5, Vaperz Stipulation 1111'	1-4 (May
28, 2019). Vaportronix stipulated to the sale and importation of VQ Pods. Motion Exhibit 6,
Vaportronix Stipulation 111]1-4 (May 30, 2019). V4L stipulated to the sale and importation of
Phix Pods, Smoke Infinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus
Pods, Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods. Motion Exhibit 7, V4L
Stipulation 111]1-4 (Jun. 5, 2019). Juul’s motion identifies additional evidence of importation for
each of the accused products. Memorandtun at 12-16 (citing Confidential Exhibits 9, 10, 11, 12,
13,14,l5,16,17,18, 38, 39,40).
Based on the parties’ stipulations and the evidence cited by Juul, there is no dispute of
material fact that the importation requirement is satisfied for each of the accused products. Staff
agrees that the importation requirement has been satisfied with respect to each of the accused
products. Staff Resp. at 9-20. Accordingly, summary determination is appropriate with respect
to importation of each of the accused products. 	1
IV. INFRINGEMENT
The Respondents have stipulated to infringement of each of the asserted claims, and Juul
has submitted reports by its experts, Ramon Alarcon and Dr. John Collins, analyzing
infringement with respect to the accused products. Memorandum at 16-42. All of the accused
products are accused of infringing each of the asserted claims, with two exceptions: The Maduro
products are not accused of infringing the ’129 patent, and the Vaperz JC01 cartridge is only
accused of infringing the,’915 patent. Id. at 28-29, 34-36.
V A. Legal Standards
The Commission has held that the word “infringe” in Section 337(a)(1)(B)(i) “derives its
legal meaning from 35 U.S.C. § 271, the section of the Patent Act that defines patent
infringement.” Certain Electronic Devices with Image Processing Systems, Components
5

PUBLIC VERSION
Thereqfi and Associated Software, Inv. N0. 337-TA-724, Cornm’n Op. at 13-14 (December 21,
2011). Under 35 U.S.C. § 271(a), direct infringement of a patent consists of making, using, .
offering to sell, or selling the patented invention without consent of the patent owner.
In addition to direct infringement, a respondent may be liable for indirect infringement,
including induced infringement, which is defined in section 271(b) of the Patent Act: “Whoever
actively induces infringement of a patent shall be liable as an infringer.” 35 U.S.C. § 271(b).
See DSU Med. Corp. v. JMS C0., Ltd., 471 F.3d 1293, 1305 (Fed. Cir. 2006) (en banc) (“To
establish liability under section 271(b), a patent holder must prove that once the defendants knew
of the patent, they actively and knowingly aided and abetted another’s direct infringement”)
(citations omitted). “The mere knowledge of possible infringement by others does not amount to
inducement; specific intent and action to induce infringement must be proven.” Id. (citations
omitted). The Federal Circuit has held that induced infringement “requires knowledge that the
induced acts constitute . . . infringement.” Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S.
754, 766 (2011). In Suprema, Inc. v. Int ’l Trade Comm ’n,the Federal Circuit upheld the
Commission’s -interpretationof the section 337 language “articles that infringe” in the context of
induced infringement, holding that the statute “covers goods that were used by an importer to
directly infringe post-importation as a result of the seller’s inducement.” 796 F.3d 1338, 1352
53 (Fed. Cir. 2015).
Another form of indirect infringement is contributory infringement, defined in section
271(0) of the Patent Act: “Whoever offers to sell . . . or imports into the United States a
component of a patented machine, . . . or a material or apparatus for use in practicing a patented
process, constituting a material part of the invention, knowing the same to be especially made or
especially adapted for use in an infringement of such patent, and not a staple article or
6

PUBLIC‘VERSION
commodity of commerce suitable for substantial nonirrfringing use, shall be liable as a
contributory infringer.” 35 U.S.C. § 271(c). The intent requirement for contributory
infringement requires that the respondent knew “that the combination for which [the] component
was especially designed was both patented and infringing.” Global-Tech, 563 U.S. at 763. A
violation of section 337 based on contributory infringement requires that “the accused infringer
imported, sold for importation, or sold afier importation within the United States, the accused
components that contributed to another’s direct infringement.” Spansion, Inc. v. 1nt’l Trade
Comm ’n, 629 F.3d 1331, 1353 (Fed. Cir. 2010). 	’
B. The ’l29 Patent
Juul asserts that the accused products directly infringe claims 1-3, 5-8, 12, 13, 16-20, and
22 of the ’129 patent. Claim 1 recites:
1. A cartridge for use with a vaporization device, the cartridge comprising:
a body having a long axis and a short axis;
a mouthpiece at a proximal end of the body;
a reservoir within the body, the reservoir configured to hold a vaporizable
material;
a heater comprising:
a pair of plates extending in the long axis;
a wick; and
t a resistive heating element in contact with the pair of plates and with
the wick, wherein the wick is configured to contact the vaporizable
material; and ' 	"
a pair of exposed contact tabs integrally formed from the pair of plates and
folded over an outer surface of a distal end of the cartridge, each contact
tab of the pair of exposed contact tabs disposed and configured to
physically contact one of two contact surfaces within the vaporization
device to complete an electrical circuit with the vaporization device
when the cartridge is inserted into the vaporization device, the pair of
exposed contact tabs disposed substantially in a first plane, the two
7

PUBLIC VERSION
contact surfaces within the vaporization device disposed substantially in
a second plane, the first plane being substantially parallel to the second
plane when the cartridge is inserted into the vaporization device.
Claims 2-3 and 5-8 depend from claim 1, adding limitations regarding the body, a cartridge
receptacle, the heating element, and the mouthpiece. Claim 12 is an independent claim with
» 	\
limitations similar to claim 1, adding a limitation for “a mouthpiece at least partially over the
reservoir and having an opening.” Claims 13 and 16-18 depend from claim 12, adding additional
limitations regarding the body, mouthpiece, and heating element. Claim 19 is an independent
claim that recites: 	.
19. A cartridge comprising:
a reservoir configured to hold a vaporizable material;
a heater comprising:
a first plate and a second plate;
a wick; and
a resistive heating element in contact with the first plate and the 1
second plate, wherein the resistive heating element is in contact with
the wick, _
and wherein the wick is configured to be in contact with the
vaporizable material; and
a first contact and a second contact, respectively extending from the first
plate and the second plate and over an exterior surface of the cartridge,
wherein the‘-firstand second contacts are integrally formed from the first
and second plates, wherein the first and second contacts extend from the
heater, wherein the first and second contacts are folded over the exterior
surface of the cartridge, and wherein the first and second contacts are
disposed and configured to complete an electrical circuit with a pair of
contacts in a vaporization device when the cartridge is coupled to the
vaporization device, the first contact and the second contact disposed
substantially in a first plane, the first plane substantially parallel to a
second plane comprising the pair of contacts when the cartridge is
coupled to the vaporization device.
Claims 2(l and 22 depend from claim 19, adding limitations regarding the mouthpiece and the
8

PUBLIC VERSION
1
l
first and second contacts.
Each of the respondents except for Maduro has stipulated to infringement of all of the y
asserted claims ofthe ’129 patent. Ziip stipulated to infringement by its Ziip Pods, Plus Pods,
Airbender Pods, Iced Pods, Eonsmoke Pods (also known as Eon Pods), Loon Pods, Mr. Fog
Pods, Cali Pods, Delicious Pods, ViV Pods, Unique Pods, I-pods, Jewel pods, Arno pods, Vape
Heads pods, OG pods, Pods pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir
Pods. Motion Exhibit 1, Ziip Stipulation 115. Twist stipulated to infringement by its Sea100_
Pods, Sea Pods, Buz Pods, and Eonsmoke Pods. Motion Exhibit 3, Twist Stipulation 1]5.
Vape4U stipulated to infringement by its Zalt Pods, Just Pods, and Ultimate Pods (formerly
UltraMax pods). Motion Exhibit 4, Vape4U Stipulation 1]5. Vaperz stipulated to infringement
by its Airbender Pods and Ziip pods. Motion Exhibit 5, Vaperz Stipulation 115. Vaportronix
stipulated to infringement by its VQ Pods. Motion Exhibit 6, Vaportronix Stipulation 1[5. V4L
stipulated to infringement by its Phix Pods, Smoke Infinix Pods, Suorin iShare Pods, Bombz
Pods, ViV Pods, Ziip Pods, Plus Pods, Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods.
Motion Exhibit 7, V4L Stipulation 1]5. In addition, Dr. Collins offered"infringement analysis for
each of the accused products on a claim-by-claim and limitation-by-limitation basis. Motion p
Exhibit 47, Exhibit C.
Based on the parties’ stipulations and the unrebutted expert testimony of Dr. Collins,
there is no dispute of material fact that the.accused products infringe claims 1-3, 5-8, 12, 13, 16
20, and 22 of the ’129 patent. Staff agrees that each of the accused products directly infringes
the asserted claims of the ’129 patent. Staff Resp. at 24-36. Accordingly, summary I
determination is thus appropriate with respect to direct infringement by each of the respondents
except for Maduro with respect to all asserted claims of the ’129 patent.
9

PUBLIC VERSION
The ’915 Patent 	r
Juul asserts that the accused products directly infringe claims 10, 15, 17, and 29-32 of the
915 patent. Claims 10, l5, and 17 depend directly or indirectly from claim l, which recites
1 A cartridge comprising:
a storage compartment configured to hold a vaporizable material, the
storage compartment having a non-circular cross section, the storage
compartment having a top end and a bottom end opposite the top end
along a first dimension, wherein the non-circular cross section includes
two short sides and two long sides, the two short sides being shorter than
the two long sides to result in the non-circular cross section, and wherein
the storage compartment comprises a plastic material;
an aerosol outlet disposed proximate to the top end of the storage
compartment;
a heater chamber disposed proximate to the bottom end of the storage
compartment, the heater chamber comprising a heating element
configured to aerosolize the vaporizable material, when the vaporizable
material is present, to form an aerosol;
a first electrical contact and a second electrical contact each configured
and disposed to couple and complete an electrical circuit with a third
electrical contact and a fourth electrical contact in a receptacle of a
vaporizer device body, the electrical circuit configured to provide power
_to the heating element when the vaporizer device body is present;
an aerosol channel within the storage compartment, the aerosol channel
extending from the heater chamber to the aerosol outlet, the aerosol
channel configured so that the aerosol, when the aerosol is present, is
inhalable through the aerosol charmel;
a first exterior wall extending between the top end and the bottom end;
a second exterior wall extending between the top end and the bottom end,
wherein»the first exterior wall and the second exterior wall are
respectively intersected by the two short sides of the non-circular cross
section;
a first locking gap disposed within six millimeters from the bottom end of
the storage,compartment and formed within the first exterior wall, the
first locking gap configured to engage with a first locking detent within
the receptacle of the vaporizer device body when the vaporizer device
body is present, wherein a height of a first interior wall of the vaporizer
device body comprising the first locking detent is at least thirteen
10

PUBLIC VERSION
millimeters; and
a second locking gap disposed within six millimeters from the bottom end
of the storage compartment and formed within the second exterior wall,
the second locking gap configured to engage with a second locking
detent within the receptacle of the vaporizer device body when the
vaporizer device body is present, wherein a height of a second interior
wall of the vaporizer device body comprising the second locking detent
is at least thirteen millimeters. 	.
Claim 10 depends from claim 9, which adds a limitation to claim 1 requiring that “the first
electrical contact comprises a first surface exposed at the bottom end of the storage
compartment, and wherein the second electrical contact comprises a second surface exposed at
the bottom end.” Claim 10 adds _alimitation requiring that “the first surface and the second
surface are disposed in a plane that is substantially parallel to the bottom end of the storage
compartment.” Claim 15 depends directly from claim 1, adding a limitation requiring “a wick
configured to draw the vaporizable material towards the heating element.” Claim 17 also
depends directly from claim 1, adding a limitation requiring that “the non-circular cross section
is substantially perpendicular to the first dimension, and wherein the storage compartment is
elongated relative to the non-circular cross section along the first dimension.”
Claim 29 is an independent claim, which recites:
29. A cartridge having a top end and a bottom end opposite the top end along
a first dimension, the cartridge configured for insertion into a receptacle of
a vaporizer device body, the vaporizer device body ‘having a third
electrical contact and a fourth electrical contact in the receptacle, the
vaporizer device body also having a first locking detent and a second
locking detent within the receptacle, the vaporizer device body also having
a first interior wall and asecond interior wall within the receptacle, each
of the first interior wall and the second interior wall being at least thirteen
millimeters in height, theifirst interior wall and the second interior wall
respectively comprising the first locking detent and the second locking
detent, the cartridge comprising:
a flexible storage compartment configured to hold a vaporizable material,
the flexible storage compartment having a non-circular cross section
having two short sides and two long sides, the two short sides being
ll

I
PUBLIC VERSION
shorter than the two long sides to result in the non-circular cross section,
the flexible storage compartment comprising a plastic material;
an aerosol outlet proximate to the top end;
a heater chamber proximate to the bottom end, the heater chamber
comprising a heating element configured to aerosolize the vaporizable
material;
a channel in fluid communication with the heater chamber and the aerosol
outlet;
a first electrical contact disposed proximate to the bottom end and
configured to couple with the third electrical contact;
a second electrical contact disposed proximate to the bottom end and
configured to couple with the fourth electrical contact, the coupling of
the first electrical contact with the third electrical contact and the second
electrical contact with the fourth electrical contact completing an
electrical circuit configured to provide power to the heating element;
a first exterior wall between the top end and the bottom end, the first
exterior wall intersected by one of the two short sides of the non-circular
cross section, the first exterior wall having a first locking gap within six
millimeters from the bottom end and configured to engage with the first
locking detent; and 	,
a second exterior wall between the top end and the bottom end, the second
exterior wall intersected by an other of the two short sides of the non
circular cross section, the second exterior wall having a second locking
gap within six millimeters from the bottom end and configured to
engage with the second locking detent. 	.
Claims 30-32 depend from claim 29, adding limitations regarding the non-circular cross section,
the first and second locking gap, and the first and second exterior walls.
The parties agreed to constructions for two claim terms in the ’9l5 patent, construing
“locking gap” to mean “a channel, divot pit, opening, or hole thatcan engage a detent,” and
construing “locking detent” to mean “a projection that can engage a locking gap.” See Order
No. 28 (May 15, 2019) (suspending Markman hearing in light of parties’ agreement).
Each,of the respondents has stipulated to infringement of all of the asserted claims of the
’9l5 patent. Ziip stipulated to infringement by its Ziip Pods, Plus Pods, Airbender Pods, Iced
12

' PUBLIC VERSION
Pods, Eonsmoke Pods (also known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious
Pods, ViV Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Saltecz pods, Magic Pods, Sonic pods, and Pfir Pods. Motion Exhibit 1, Ziip
Stipulation 1]6. Maduro stipulated to infringement by its Loon Pods. Motion Exhibit 2, Maduro"
Stipulation 1]5. Twist stipulated to infringement by its Seal00 Pods, Sea Pods, Buz Pods, and
Eonsmoke Pods. Motion Exhibit 3, Twist Stipulation 1]6. Vape4U stipulated to infringement by
its Zalt Pods, Just Pods, and Ultimate Pods (formerly UltraMax pods). Motion Exhibit 4, ‘
Vape4U Stipulation 1]6. Vaperz stipulated to infringement by its Airbender Pods, Ziip pods, and
JCOI pods. Motion Exhibit 5, Vaperz Stipulation 1]6. Vaportronix stipulated to infringement by
its VQ Pods. Motion Exhibit 6, Vaportronix Stipulation 1]6. V4L stipulated to infringement by
its Phix Pods, Smoke lnfinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus“
Pods, Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods. Motion Exhibit 7, V4L
Stipulation 1]6. In addition, Mr. Alarcon offered infringement analysis for each of the accused
products on a claim-by-claim and limitation-by-limitation basis. Motion Exhibit 46, Exhibit C.
Based on the parties’ stipulations and the unrebutted expert testimony of Mr. Alarcon,
there is no dispute of material fact that the accused products infringe claims 10, 15, 17, and 29
32 of the ’9l 5 patent. Staff agrees that each of the accused products directly infringes the
asserted claims of the ’9l5 patent. Staff Resp. at 24-36. Accordingly, summary detennination is
thus appropriate with respect to direct infringement by each of the Respondents with respect to
all asserted claims of the ’9l 5 patent.
- D. The ’470 Patent ' 	' "
Juul asserts that the accused products directly infringe claims 1-4, 7, 8),10, and 11 of the
’470 patent. Claim 1 recites: 	e
1. A cartridge for use with a vaporizer device, the cartridge comprising:
13

PUBLIC VERSION
a storage compartment configured to hold a vaporizable material, the
storage compartment having adistal end and a proximal end opposite the
distal e‘nd,the storage compartment having a compartment side
extending between the distal end and the proximal end;
a mouthpiece enclosing the proximal end of the storage compartment, the
mouthpiece having a mouthpiece side adjacent to the compartment side,
a first end of the mouthpiece terminating in an edge disposed adjacent to
a location between the distal end and the proximal end of the storage
compartment, the mouthpiece having a notch in the mouthpiece side, the
notch extending away from the edge of the mouthpiece toward a second
end of the mouthpiece that is opposite the first end of the mouthpiece,
wherein the notch exposes a region of the compartment side;
a wicking material proximate to the distal end of the storage compartment,
the Wickingmaterial disposed to contact the vaporizable material; and
i a heating element proximate to the distal end of the storage compartment, I
the heating element in contact with the wicking material, the heating
element configured to generate an aerosol from the vaporizable material.
Claims 2-4, 7, 8, 10, and 11 depend from claim 1, adding limitations regarding electrical
contacts, the mouthpiece, and the storage compartment.
Each of the respondents has stipulated to infringement of all of the asserted claims of the
’47Opatent; Ziip stipulated to infringement by its Ziip Pods, Plus Pods, Airbender Pods, Iced
Pods, Eonsmoke Pods (also known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious
Pods, ViV Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pur Pods. Motion Exhibit 1, Ziip
Stipulation 1]7. Maduro stipulated to infringement by its Loon Pods. Motion Exhibit 2, Maduro
Stipulation 1]6. Twist stipulated to infringement by its Seal00 Pods, Sea Pods, Buz Pods, and
Eonsmoke Pods. Motion Exhibit 3, Twist Stipulation 117. Vape4U stipulated to infringement by
its'Zalt Pods, Just Pods, and Ultimate Pods ‘(formerlyUltraMax pods). Motion Exhibit 4,
Vape4U Stipulation 1i7. Vaperz stipulated to infringement by its Airbender Pods and Ziip pods.
Motion Exhibit 5, Vaperz Stipulation 1[7. Vaportronix stipulated to infringement by its VQ
14

PUBLIC VERSION
Pods. Motion Exhibit 6, Vaportronix Stipulation 1]7. V4L stipulated to infringement by its Phix
Pods, Smoke lnfinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods,
Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods. Motion Exhibit 7, V4L Stipulation 1]7
In addition, Mr. Alarcon offered infringement analysis for each of the accused products on a
claim-by-claim and limitation-by-limitation basis. Motion Exhibit 46, Exhibit D.
Based on the parties’ stipulations and the unrebutted expert testimony of Mr. Alarcon,
there is no dispute of material fact that the accused products infringe claims 1-4, 7, 8, 10, and 11
of the ’470 patent. Staff agrees that each of the accused products directly infringes the asserted
claimsof the ’470 patent. Staff Resp. at 24-36. Accordingly, summary detennination is thus
appropriate with respect to direct infringement by each of the Respondents with respect to all
asserted claims of the ’47Opatent.
E. The ’465 Patent
Juul asserts that the accused products directly infringe claim 20 of the ’465 patent and
that the Respondents’ sale and importation of the accused products indirectly infringes claims
1-7 and 9-19 ofthe ’465 patent.
Claim 1 of the ’465 patent recites:
1. An apparatus comprising:
a cartridge having a non-cylindrical shape, the cartridge comprising:
a heater chamber having a first side and a second side opposite the first
side;
a first heater contact comprising a first exposed heater contact tab and
a first fixation site, the first fixation site disposed proximate to the
first side, the first heater contact having a first surface defining at
least a portion of the first side;
a second heater contact comprising a second exposed heater contact
tab and a second fixation site, the second fixation site disposed
15

PUBLIC VERSION
proximate to the second side, the second heater contact having a
second surface defining at least a portion of the second side;
a wick;
a resistive heating element in contact with the wick, the resistive '
heating element attached to the first fixation site and the second
fixation site, the heater chamber comprising at least a portion of the
resistive heating element and at least a portion of the wick, wherein
the resistive heating element is suspended between the first fixation
site and the second fixation site, and wherein the resistive heating
element is configured to generate an aerosol from a vaporizable
material within the heater chamber; and
a plastic enclosure further defining the heater chamber, the plastic
enclosure configured to receive the first surface and the-second
surface; and
a device body having a non-cylindrical shape, the device body comprising:
a cartridge receptacle configured to insertably receive the cartridge, the
heater chamber disposed within the cartridge receptacle when the
cartridge is insertably received within the cartridge receptacle;
a first receptacle contact positioned to electrically couple with either of
Vthe first exposed heater contact tab or the second exposed heater
contact tab when the cartridge is insertably received within the
cartridge receptacle; and
a second receptacle contact positioned to electrically couple with
either of the first exposed heater contact tab or the second exposed
heater contact tab when the cartridge is insertably received within
the cartridge receptacle.
Claims 2-7 and 9-19 depend from claim 1, adding limitations regarding the heater chamber,
heater element, wick, heater contact, mouthpiece, and cartridge. Claim 20 is a separate
independent claim, which recites:
20. A cartridge for insertion into a receptacle of a vaporizer device body, the
cartridge having a non-cylindrical shape, the cartridge comprising:
a heater chamber having‘a first side and a second side opposite the first
side, the heater chamber configured to be disposed within the receptacle
when the cartridge is inserted into the receptacle;
16

PUBLIC \\/ERSION
a first heater contact comprising a first exposed heater contact tab and a
first fixation site, the first fixation site disposed proximate to the first
side, the first heater contact having a first surface defining at least a
portion of the first side, the first exposed heater contact tab positioned
and configured to electrically couple with either of a first receptacle
contact within the receptacle or a second receptacle contact within the
receptacle when the cartridge is inserted into the receptacle;
a second heater contact comprising a second exposed heater contact tab
and a second fixation site, the second fixation site disposed proximate to
the second side, the second heater contact having a second surface
defining at least a portion of the second side, the second exposed heater
contact tab positioned and configured to electrically couple with either
of the first receptacle contact or the second receptacle contact when the
cartridge is inserted into the receptacle;
a wick;
a resistive heating element in contact with the wick, the resistive heating
element attached to the first fixation site and the second fixation site, the
heater chamber comprising at least a portion of the resistive heating
element and at least a portion of the wick, wherein the resistive heating
element is suspended between the first fixation site and the second
fixation site, and wherein the resistive heating element is configured to
generate an aerosol from a vaporizable material within the heater
chan1ber;,and 	.
a plastic enclosure further defining the heater chamber, the plastic .
enclosure configured to receive the first surface and the second surface.
Each of the respondents has stipulated to infringement of all of the asserted claims of the
’465 patent. Ziip stipulated to infringement by its Ziip Pods, Plus Pods, Airbender Pods, Iced
Pods, Eonsmoke Pods (also known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious
Pods, ViV Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods. Motion Exhibit 1, Ziip
Stipulation 1]8. Maduro stipulated to infringement by its Loon Pods. Motion Exhibit 2, Maduro
Stipulation 1]7. Twist stipulated to infringement by its SealOO Pods, Sea Pods, Buz Pods, and
Eonsmoke Pods. Motion Exhibit 3,'Twist Stipulation 1]8. Vape4U stipulated to infringement by
its Zalt Pods, Just Pods, and Ultimate Pods (formerly UltraMax pods). Motion Exhibit 4,
17

PUBLIC VERSION
Vape4U Stipulation 1]8. Vaperz stipulated to infringement by its Airbender Pods and Ziip pods.
Motion Exhibit 5, Vaperz Stipulation 1]8. Vaportronix stipulated to infringement by its VQ
Pods. Motion Exhibit 6, Vaportronix Stipulation 1]8. V4L stipulated to infringement by its Phix
Pods, Smoke Infinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods,
Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods. Motion Exhibit 7, V4L Stipulation 118.
In addition, Dr. Collins offered infringement analysis for each of the products on a claim-by
claim and limitation-by-limitation basis. Motion Exhibit 47, Exhibit D. Dr. Collins also
identified evidence of induced and contributory infringement byeach of the respondents.
Motion Exhibit 47, Collins Expert Report 11]150-58 (Maduro), 164-72h(Ziip), 178-86 (V4L),
192-200 (Vaperz), 206-14 (Vaportronix), 220-28 (Vape4U), 234-42 (Twist), 243 (stunmary).
Based on the parties’ stipulations and the tmrebutted expert testimony of Dr. Collins,
there is no dispute of material fact that the accused products infringe claims l-7 and 9-20*of the
’465 patent. Staff agrees that each of the accused products directly infringes claim 20 of the ’465
patent. Staff Resp. at 24-36. Staff further agrees that each of the Respondents indirectly
infringes claims l-7 and 9-19 of the ’465 patent by importing and selling the accused products.
Id. at 36-47.5 Accordingly, summary detennination is thus appropriate with respect to indirect
infringement by each of the Respondents with respect to claims 1-7 and 9-19 the ’465 patent, and
direct infringement by each of the Respondents with respect to claim 20 the ’465 patent.
F. The ’466 Patent
Juul asserts that the accused products directly infringe claims 20-21 of the ’466 patent
and that the Respondents’ sale and importation of the accused products indirectly infringes
5 Staff identifies a discrepancy in Juul’s motion as to whether the Vaperz JCO1cartridge is
accused of infringing the ’465 patent. Staff Resp. at 44. Vaperz did not stipulate to infringement
of the ’465 patent with respect to the JC01 cartridge and Dr. Collins did not address the JCOI
cartridge in his infringement analysis for the ’465 patent. Accordingly, the finding of
infringement with respect to the ’465 patent does not include the Vaperz JC01 cartridge.
18 	V

PUBLIC VERSION '
claims 1, 4-8, 10, 12, 14, and 16-19 and 22-23 ofthe ’466 patent.
Claim 1 of the ’466 patent recites:
1. An apparatus comprising: '
a cartridge having a longitudinal dimension along a first axis passing from
a top end of the cartridge to a bottom end of the cartridge, the top end of
the cartridge opposite the bottom end of the cartridge, the cartridge
having a first transverse dimension perpendicular to the longitudinal
dimension, the cartridge having a second transverse dimension
perpendicular to the longitudinal dimension, the second transverse
dimension shorter than the first transverse dimension, the cartridge
having second degree rotational symmetry about the first axis such that
the cartridge is symmetrical about a 180° rotation around the first axis,
the cartridge comprising:
a storage compartment configured to hold a vaporizable material; _
a heating chamber disposed proximate to the bottom end of the
cartridge, the heating chamber comprising a heating element
configured to heat the vaporizable material to generate an aerosol;
a first electrical contact exposed proximate to the bottom end of the
cartridge; and
a second electrical contact exposed proximate to the bottom end of the
cartridge; and 	'
a vaporization device body comprising: _
a power supply; , - 1
a receptacle configured to receive and couple to the cartridge such that
the bottom end of the cartridge is inserted into a bottom end of the
receptacle in a first orientation or a second orientation, the first
orientation and the second orientation resulting from the 180°
rotation of the cartridge about the first axis, the receiving and
coupling comprising the bottom end of the cartridge and the heating
chamber being inserted into the receptacle;
a third electrical contact disposed within the receptacle; and
a fomth electrical contact disposed within the receptacle;
wherein the third electrical contact is configured to electrically couple
to the first electrical contact and the fourth electrical contact is
configured to electrically couple to the second electrical contact to
19

PUBLIC VERSION
complete an electrical circuit when the cartridge is coupled to the
receptacle in the first orientation;
wherein the third electrical contact is configured to electrically couple
to the second electrical contact and the fourth electrical contact is
configured to electrically couple to the first electrical contact to
complete the electrical circuit when the cartridge is coupled to the
receptacle in the second orientation;
wherein the electrical circuit comprises the heating element, the power
supply, the first electrical contact, the second electrical contact, the
third electrical contact, and the fourth electrical contact, and wherein
the electrical circuit is configured to provide current to the heating
element when the cartridge is coupled to the receptacle in either the
first orientation or the second orientation.
Claims 4-8, 10, 12, 14, and 16-19 depend from claim 1, adding limitations regarding electrical
contacts, a wick, a mouthpiece, the composition of the vaporizable material, a rechargeable
battery, the dimensions of the cartridge, and the heating chamber. Claim 20 is a separate
independent claim, which recites:
20. A cartridge configured to be received by and coupled to a receptacle of a
vaporization device body in a first orientation or a second orientation such
that a bottom end of the cartridge is inserted into a bottom end of the
receptacle, the cartridge having a longitudinal dimension along a first axis
passing between atop end of the cartridge to the bottom end of the
canridge, the top end of the cartridge opposite the bottom end of the
cartridge, the cartridge having a first transverse dimension substantially
perpendicular to the longitudinal dimension, the cartridge having a second
transverse dimension substantially perpendicular to the longitudinal
dimension, the second transverse dimension shorter than the first transverse
dimension, the cartridge having second degree rotational symmetry about
the first axis such that the cartridge is symmetrical about a l80° rotation
around the first axis, the cartridge comprising: 	'
a storage compartment configured to hold a vaporizable material;
a heating chamber disposed proximate the bottom end of the cartridge
such that the heating chamber is within the receptacle when the cartridge
is inserted within the receptacle, the heating chamber comprising a
heating element configured to heat the vaporizable material to generate
’ an aerosol;
120

PUBLIC VERSION
a first electrical contact exposed proximate to the bottom end of the
cartridge; and
a second electrical contact exposed proximate to the bottom end of the
cartridge; 	' 	~
wherein the first electrical contact is configured to electrically couple to a
third electrical contact within the receptacle and the second electrical
contact is configured to electrically couple to a fourth electrical contact
within the receptacle to complete an electrical circuit when the cartridge
is coupled to the receptacle in the first orientation;
wherein the first electrical contact is configured to electrically couple to
the fourth electrical contact and the second electrical contact is '
configured to electrically couple to the third electrical contact to
complete the electrical circuit when the cartridge is coupled to the
receptacle in the second orientation;
wherein the first orientation and the second orientation result from the
180° rotation of the cartridge about the first axis;
wherein the electrical circuit comprises the heating element, a power
supply within the vaporization device body, the first electrical contact,
the second electrical contact, the third electrical contact, and the fourth
electrical contact; and 	y
wherein the electrical circuit is configured to provide current to the
heating element when the cartridge is coupled to the receptacle in either
the first orientation or the second orientation.
Claim 21 depends from claim 20, adding a limitation that “the heating chamber is disposed
between the storage compartment and the bottom end of the cartridge.” Claim 22 is another
separate independent claim with limitations similar to claim l but specifying that the power
supply is a battery. Claim 23 depends from claim 22, adding a limitation that “the heating
chamber is disposed between the storage compartment and the bottom end of the cartridge.”
Each of the respondents has stipulated to infringement of all of the asserted claims of the
’466 patent. Ziip stipulated to infringement by its Ziip Pods, Plus Pods, Airbender Pods, Iced
Pods, Eonsmoke Pods (also known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali.Pods, Delicious
Pods, ViV Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods,"OG pods, Pods
21

PUBLIC VERSION
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pin‘Pods. Motion Exhibit 1, Ziip
Stipulation 119. Maduro stipulated to infringement by its Loon Pods. Motion Exhibit 2, Maduro
Stipulation 1i8. Twist stipulated to infringement by its Seal 00 Pods, Sea Pods, Buz Pods, and
Eonsmoke Pods. Motion Exhibit 3, Twist Stipulation 1]9. Vape4U stipulated to infringement by
its Zalt.Pods, Just Pods, and Ultimate Pods (formerly U1traMax pods). Motion Exhibit 4,
Vape4U Stipulation 119. Vaperz stipulated to infringement by its Airbender Pods and Ziip pods.
Motion Exhibit 5, Vaperz Stipulation 1[9. Vaportronix stipulated to infringement by its VQ
Pods. Motion Exhibit 6, Vaportronix Stipulation 1]9. V4L stipulated to infringement by its Phix
Pods, Smoke Infinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods,
Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods. Motion Exhibit 7, V4L Stipulation 119.
In addition, Mr. Alarcon offered infringement analysis for each of the products on a claim-by
claim and limitation-by-limitation basis. Motion Exhibit 46, Exhibit E. Mr. Alarcon also
identified evidence of induced and contributory infringement by each of the Respondents.
Motion Exhibit 46, Alarcon Expert Report {[1]300-65. 	'
Based on the parties’ stipulations and the unrebutted expert testimony of Mr. Alarcon,
there is no dispute of material fact that the accused products infiinge claims 1, 4-8, 10, 12, 14,
and 16-21 and 22-23 of the ’466 patent. Staff agrees that each of the accused products directly
infringes claims 20 and 21 of the ’466 patent. Staff Resp. at 24-36. Staff further agrees that each
of the respondents indirectly infringes claims 1, 4-8, 10, 12, 14, and 16-19 and 22-23 of the ’466
patent by importing and selling the accused products. Id. at 36-47.6 Accordingly, summary _
determination is thus appropriate with respect to indirect infringement by each of the respondents
6 Staff identifies a discrepancy in Juul’s motion as to whether the Vaperz JC01 cartridge is
accused of infringing the ’466 patent. Staff Resp. at 44. Vaperz did not stipulate to infringement
of the ’466 patent with respect to the JC01 cartridge and Mr. Alarcon did not address the JC01
cartridge in his infringement analysis for the ’466 patent. Accordingly, the finding of
infringement with respect to the ’466 patent does not include the Vaperz JC01 cartridge.
22

PUBLIC VERSION
with respect to claims 1, 4-8, 10, 12, 14, and 16-19 and 22-23 of the ’466 patent, and direct
\
infringement by each of the respondents with respect to claims 20 and 21 of the ’466 patent.
V. DOMESTIC INDUSTRY
Juul claims a domesticindustry in the JUUL system, an electronic nicotine delivery
system comprising the JUUL device and charger and JUULpod cartridges.
A. Legal Standards 	V
In patent-based proceedings under section 337, a complainant must establish that an
industry exists in the United States “relating to the articles protected by the patent.” 19 U.S.C. §
1337(a)(2). Under Commission precedent, the domestic industry requirement of section 337
consists ofan “economic prong” and a “technical prong.” See, e.g., Alloc, Inc. v. Intl Trade
Comm ’n, 342 F.3d 1361, 1375 (Fed. Cir. 2003). To meet the technical prong, the complainant
must establish that it practices at least one claim of the asserted patent. Certain Point of Sale
{ 	.
Terminals and Components Thereoj‘,Inv. No. 337-TA-524, Order No. 40 at, 17-18 (Apr. 11,
2005). “The test for satisfying the ‘technical prong’ of the industry requirement is essentially
[the] same as that for infringement, i.e., a comparison of domestic products to the asserted
claims.” Alloc, 342 F.3d at 1375. _
With respect to the “economic prong,” subsection (3) of Section 337(a) provides:
For purposes of paragraph (2), an industry in the United States shallbe
considered to exist if there is in the United States, with respect to the
articles protected by the patent, copyright, trademark, mask work, or design
concerned —
(A) significant investment in plant and equipment;
(B) significant employment of labor or capital; or
(C) substantial investment in its exploitation, including engineering,
research and development, or licensing.
23

PUBLIC VERSION I
19 U.S.C. § l337(a)(3). “Given that these criteria are listed in the disjunctive, satisfaction of any
one of them will be sufficient to meet the domestic industry requirement.” Certain Solid State
Storage Drives, Stacked Electronics Components, and Products Containing Same (“Solid State
Storage Drives”), Inv. No. 337-TA-1097, Comm’n Op. at 7-8 (June 20, 2018) (citing Certain
Variable Speed Wind Turbines & Components Thereof, Inv. No. 337-TA-376, USITC Pub. N0.
3003, Comm'n Op. at 15 (Nov. 1996)). 	\
B. Technical Prong
Juul contends that the JUUL system practices asserted claims l-3, 5-8, 12, 13, 16-20, and
22 ofthe ’129 patent; claims 10, 15, 17, and 29-32 of the ’915 patent; claims 1-4, 7, 8, 10, and ll
of the ’470 patent; claims 1-7 and 9-20 of the ’465 patent; and claims 1, 4-8, 10, 12, 14, and 16
23 of the ’466 patent. Each of the respondents has stipulated to the practice of these claims by
the JUUL system. See Motion Exhibit 1 1[1Ill-15, Exhibit 2 1[1]10-13, Exhibit 3 1]1[11-15,
Exhibit 4 111111-15, Exhibit 5 111]11-15, Exhibit 6 1[1111-15, Exhibit 7 111]11-15. ln addition,
Mr. Alarcon analyzed the JUUL system on a claim-by-claim and limitation-by-limitation basis
with respect to the ’915 patent, the ’470 patent, and the ’466 patent. Motion Exhibit 46, Exhibit
F, Exhibit G, Exhibit H. Dr. Collins analyzed the JUUL system on a claim-by-claim and
limitation-by-limitation basis with respect to the ’129 patent and the ’465 patent Motion Exhibit
47, Exhibit E, Exhibit F.
Based on the parties’ stipulations and the unrebutted expert testimony of Mr. Alarcon and
Dr. Ross, there is no dispute of material fact that the JUUL system practices asserted claims l-3,
5-8, 12, 13, 16-20, and 22 ofthe ’129 patent; claims 10, 15, 17, and 29-32 ofthe ’9l5 patent;
claims 1-4, 7, 8, 10, and 11 of the ’470 patent; claims 1-7 and 9-20 of the ’465 patent; and claims
1, 4-8, 10, 12, 14, and 16-23 of the ’466 patent. Staff agrees that JUUL system practices each of
the asserted claims of the asserted patents. Staff Resp. at 47-48. Accordingly, summary
24

PUBLIC VERSION
determination is thus appropriate with respect to the technical prong of the domestic industry
requirement with respect to each asserted patent.
C. Economic Prong
Juul claims a domestic industry ‘basedon its significant employment of labor and capital
with respect to the JUUL system. Juul cites to the declaration of its Chief Financial Officer, Tim
Danaher, which was attached to the complaint. Complaint, Confidential Exhibit 17 (Nov. 19,
2018). Juul finther submits an expert report prepared by Carla S. Mulhem, providing economic
analysis of its domestic industry. Motion Exhibit 50.
Juul identifies- U.S.-basedemployeesat the time of the filing of the complaint in
September 2018, who are all working on the JUUL system. Motion Exhibit 50, Mulhern Expert
Report 1[110. Juul identifies several categories of employees that qualify under subsection
(a)(3)(B): R&D and Engineering employees who designed and developed the JUUL system;
Global Supply Chain employees who manage the existing manufacturing processes for the JUUL
system; a Quality Control team in San Francisco
; 	and	a	custom
support and warranty team that manages the implementation of Juul’s warranty program.
Complaint, Confidential Exhibit 17 (Danaher Decl.) 111]11, 33, 54-56. Mulhem counts I
employeesinvolvedwith engineering,- in global supply/customersupport,I in
\
product/R&D, and I in the category of quality & regulatory. Motion Exhibit 50, Mulhem
Expert Report 1]110. In 2018, Juul’s investments in labor with respect to these employees
totaled 	Id. (Mulhem Expert Report), Exhibit 34. Because certainasserted claims
relateonly to cartridgesand not to devices,Juul has offereda sales-basedallocation—,
based on the share of Juul’s revenue attributable to JUULpods. Memorandum at 48-49; Motion
Exhibit so (Mulhem Expert Report), Exhibit 11.
25

PUBLIC VERSION
Juul submits that these investments are both quantitatively and qualitatively significant.
Memorandumat 44-49. In particular, Juul submits that the qualifying employeesare - of its
domestic headcount and - of its domestic labor compensation. Id. at 49. Moreover,
approximately- of Juul’s employees are based in the United States. Id. at 46. Juul submits
that the work of these employees was critical to bringing the Juul system to market. Id. at 44-46.
Each of the respondents, except for Vaportronix,7 has stipulated to Juul’s satisfaction of
the economic prong of domestic industry. Motion Exhibit 49, Domestic Industry Stipulation
(Jun. 7, 2019). Staff agrees that Juul has satisfied the economic prong of the domestic industry
requirement under subsection (a)(3)(B). Staff Resp. at 48-49.
Based on the parties’ stipulations and the unrebutted evidence and expert testimony of
Ms. Mulhern, there is no dispute of material fact that Juul has satisfied the economic prong of the
domestic industry requirement with respect to the JUUL system. The evidence shows that Juul’s
labor expenditures are both quantitatively and qualitatively significant under subsection
(a)(3)(B). Accordingly, summary determination is thus appropriate with respect to Juu1’s
~ 	4 	.
satisfaction of the domestic industry requirement. 	. 	'
VI. CONCLUSION ‘
For the reasons discussed above, Motion Docket No. 1141-O36is hereby GRANTED.
Accordingly, it is my initial determination that: 	‘
0 The importation requirement is satisfied for each of the accused products.
0 The accused Ziip Pods, Plus Pods, Airbender Pods, Iced Pods, Eonsmoke Pods (also
known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious Pods, ViV
Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods; Twist
Sea100 Pods, Sea Pods, Buz Pods, and Eonsmoke Pods; Vape4U Zalt Pods, Just
' Pods, and Ultimate Pods (formerly UltraMax pods); Vaperz Airbender Pods and Ziip
7Vaportronix filed a response to the motion, noting that it did not stipulate to the satisfaction of
the economic prong, but did not contest any of Juul’s domestic industry evidence.
26

PUBLIC VERSION
pods; Vaportronix VQ Pods; and V4L Phix Pods, Smoke Infinix Pods, Suorin iShare
Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods, Eonsmoke Pods, VQ Pods, and
Kangertech U Boat Pods’ 129 patent claims 1-3, 5-8, 12, 13, 16-20, and 22.
The accused Ziip Pods, Plus Pods, Airbender Pods, Iced Pods, Eonsmoke Pods (also
known as Eon Pods), Loon Pods, M1‘.Fog Pods, Cali Pods, Delicious Pods, ViV
Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods; Maduro
Loon Pods; Twist Sea100 Pods, Sea Pods, Buz Pods, and Eonsmoke Pods; Vape4U
Zalt Pods, Just Pods, and Ultimate Pods (formerly UltraMax pods); Vaperz Airbender
Pods, Ziip pods, and JCO1 pods; Vaportronix VQ Pods; and V4L Phix Pods, Smoke
Infinix Pods, Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods,
Eonsmoke Pods, VQ Pods, and Kangertech U Boat Pods infringe ’9l 5 patent claims
10, 15, 17, and 29-32.
The accused Ziip Pods, Plus Pods, Airbender Pods, Iced Pods, Eonsmoke Pods (also
known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious Pods, ViV
Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods; Maduro
Loon Pods; Twist Sea100 Pods, Sea Pods, Buz Pods, and Eonsmoke Pods; Vape4U
Zalt Pods, Just Pods, and Ultimate Pods.(formerly UltraMax pods); Vaperz Airbender
Pods and Ziip pods; Vaportronix VQ Pods; and V4L Phix Pods, Smoke Infinix Pods,
Suon'n iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods, Eonsmoke Pods,
VQ Pods, and Kangertech U Boat Pods infringe ’470 patent claims 1-4, 7, 8, 10, and
11.
The accused Ziip Pods, Plus Pods, Airbender Pods, Iced Pods, Eonsmoke Pods (also
known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious Pods, ViV
Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods; Maduro
Loon Pods; Twist Sea1O0 Pods, Sea Pods, Buz Pods, and Eonsmoke Pods; Vape4U
Zalt Pods, Just Pods, and Ultimate Pods (formerly UltraMax pods); Vaperz Airbender
Pods and Ziip pods; Vaportronix VQ Pods; and V4L Phix Pods, Smoke Infinix Pods,
Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods, Eonsmoke Pods,
VQ Pods, and Kangertech U Boat Pods infringe ’465 patent claims 1-7 and 9-20.
The accused Ziip Pods, Plus Pods, Airbender Pods, Iced Pods, Eonsmoke Pods (also
known as Eon Pods), Loon Pods, Mr. Fog Pods, Cali Pods, Delicious Pods, ViV
Pods, Unique Pods, I-pods, Jewel pods, Amo pods, Vape Heads pods, OG pods, Pods
pods, Cigma pods, Salteez pods, Magic Pods, Sonic pods, and Pfir Pods; Maduro
Loon Pods; Twist Sea100 Pods, Sea Pods, Buz Pods, and Eonsmoke Pods; Vape4U
Zalt Pods, Just Pods, and Ultimate Pods (formerly UltraMax pods); Vaperz Airbender
Pods and Ziip pods; Vaportronix VQ Pods; and V4L Phix Pods, Smoke Infinix Pods,
Suorin iShare Pods, Bombz Pods, ViV Pods, Ziip Pods, Plus Pods, Eonsmoke Pods,
VQ Pods, and Kangertech U Boat Pods infringe ’466 patent claims 1, 4-8, 10, 12, 14,
and 16-23.
27

PUBLIC VERSION
0 The domestic industry requirement is satisfied with respect to each asserted patent
based on Juul‘s significant employment of labor in the United States for the JUUL
system, including JUULpods.
Pursuant to Commission Rule 210.42(h), this initial determination shall become the
determination of the Commission unless a party files a petition for review of the initial
detennination pursuant to Commission Rule 210.43(a), or the Commission, pursuant to
Commission Rule 210.44, orders, on its own motion, a review of the initial determination or
certain issues contained herein. l9 C.F.R. § 2lO.42(d).
This order is being issued with a confidential designation, and pursuant to Ground Rule
- 	r
1.10, each party shall submit to the Administrative Law Judge a statement as to whether or not it'
seeks to have any portion of this order deleted from the public version within seven (7) days.
See 19 C.F.R. § 2lO.5(f). A party seeking to have a poition of the order deleted from the public
version thereof must attach to its submission a copy of the order with red brackets indicating the
portion(s) asserted to contain confidential business information.8 The parties’ submissions under
this subsection need not be filed with the Commission Secretary but shall be submitted by paper
copy to the Administrative Law Judge and by e-mail to the Administrative Law Judge’s attomey
advisor.
SO ORDERED.
D66 [,9/1/1/L!
Dee Lord
Administrative Law Judge
8Redactions should be limited to avoid depriving the public of the basis for understanding the
result and reasoning Luiderlyingthe decision. Parties who submit excessive redactions may be
required to provide an additional written statement, supported by declarations from individuals
with personal knowledge, justifying each proposed redaction and specifically explaining why the
information sought to be redacted meets the definition for confidential business information set
forth in Commission Rule 20l.6(a). 19 C.F.R. § 201.6(a).
28

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE 	Inv. No. 337-TA-1141
DELIVERY SYSTEMS AND COMPONENTS THEREOF
PUBLIC CERTIFICATE OF SERVICE
I, Lisa R. Barton, hereby ceitify that the attached ORDER has been served by hand upon
the Commission lnvestigative Attorney, Cortney Hoecherl, Esq., and the following parties as
indicated, on September 11, 2019.
1
Lisa R. Barton, Secretary
U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436
On Behalf of Complainants Juul Labs. Inc:
Daniel E. Yonan, Esq. 	5-VdiaHand Delivery
8‘ FOX’ P]-‘LC 	Via Express Delivery	ew or ve., , u1 e . - I .
Washington, DC‘ 20005 	El Via First Class MailEl Other:
On Behalf of Respondent Vaportronix, LLC:
Derek FaheY>E5q- 	ya Hand Delivery	THE PLUS IP FIRlVI,PLLC 	Via Expmss Delively
101 NE 3'“ Ave., $111126	1500 	U via First Class Mail
Fort Lauderdale, FL 33101 ~ El Other:
On Behalf of Respondent Vapor 4 Life l-l0lding_s,Inc.., and
Twist Vapor Franchising, LLC:
EPIC Hflyfif,	THOMPSON HINE L]-{P 	Via Express Delivery
1919 M Street, NW —Su1te 700 	U Via First Class Mail
Washington, DC 20036' 	El Other:
On Behalf of Respondent Vape4U. LLC:
Michael N. Cohen, Esq. 	[j ia Hand Dglivefy
COHEN IP LAW GROUP, PC 	Via Express Delivery
9025 Wilshire Boulevard, Suite 301 	U Via First Class Mail
Beverly Hills, CA 90211 El Other:

CERTAIN CARTRIDGES FOR ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND COMPONENTS THEREOF
Certificate of Service —Page 2 	_
On Behalf of Respondent Maduro Distributors, Inc.:
David F. Nickel, Esq.
FOSTER, MURPHY, ALTMAN & NICKEL, PC
1150 18"‘ Street, NW, Suite 775
Washington, DC 20036
On Behalf of Respondents ZLab S.A..,SS Group Holdings,
Shenzhen Yibo Technology Co., and Vaperz. LLC:
Stephen Susser, Esq.
CARLSON, GASKEY AND OLDS, P.C.
400 West Maple Road, Suite 350
Birmingham, MI 48009
Inv. No. 337-TA-1141
/
El/<6 Hand Delivery
lZlVia Express Delivery
E1Via First Class Mail F
El Other:
yia HandDelivery	Via Express Delivery
U Via First Class Mail
U Other:
/