Pax Labs Inc. has filed a lawsuit against the vape brand Stiiizy Inc. and its manufacturer ALD Group Ltd. for allegedly infringing four patents with vape pens they make and sell.
Stiiizy and Hong Kong-based ALD make vaporizing devices, including a cartridge and battery, that utilize methods similar to Pax Labs’ patents, according to separate complaints filed Monday in the US District Court for the Central District of California, according to media reports.
Pax Labs said the companies infringed U.S. Patent Nos. 11,369,756, 11,369,757, 11,766,527, and 11,759,580, which deal with methods for leak-resistant vaporizer cartridges and apparatuses.
The patents are all labeled as a “Leak-resistant vaporizer device.”
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain oil vaporizing devices, components thereof, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by PAX Labs Inc., of San Francisco, CA, on January 30, 2024, and supplemented on February 19, 2024, February 20, 2024, and February 21, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain oil vaporizing devices, components thereof, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following respondents in this investigation:
- STIIIZY IP LLC f/k/a STIIIZY, LLC, of Los Angeles, CA;
- ALD Group Limited of Guangdong Province, China;
- ALD (Hong Kong) Holdings Limited of Kowloon, Hong Kong; and
- STIIIZY Inc. d/b/a Shryne Group Inc. of Los Angeles, CA.
By instituting this investigation (337-TA-1392), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
https://www.usitc.gov/press_room/news_release/2024/er0229_64910.htm