By Timothy S. Donahue
Top Takeaways:
- Patent Infringement: An ITC judge found that Glas products infringe claims in two Juul Labs patents.
- Import Restrictions: The judge recommended an exclusion order and a cease and desist order against Glas.
- Final Decision Pending: The ITC is reviewing the case, with public interest comments due November 19.
Juul Labs has won the first round of its patent fight with Glas. The next could impact imports.
An administrative law judge at the U.S. International Trade Commission (ITC) issued an initial determination on October 20 finding that certain vaporizer devices, cartridges, and components imported and sold by Glas infringe patents owned by Juul Labs.
The ruling found a violation of Section 337 of the Tariff Act of 1930 regarding claims in two Juul Labs patents, U.S. Patent Nos. 11,134,722 and 11,606,981.
The judge also recommended a limited exclusion order prohibiting imports of infringing Glas products, along with a cease-and-desist order directed at Glas Inc. and Glas LLC.
The findings mark a significant preliminary victory for Juul Labs, though the full Commission will still review the initial determination.
Juul Labs and VMR Products filed the complaint in September 2025, alleging that Glas imported and sold vaporizer products that incorporated technology protected by the two patents. The ITC opened its investigation in December.
According to the public notice, the judge found infringement of nine claims of the ‘722’ patent and three claims of the ‘981’ patent. Other asserted claims were not found to infringe.
The judge also found that Glas failed to show that the relevant patent claims were invalid and that Juul Labs met the technical domestic industry requirements for both patents.
The detailed initial determination remains confidential, limiting public access to the judge’s analysis.
In a Federal Register notice dated October 27, the ITC confirmed that the recommended remedies include restrictions on infringing Glas devices, cartridges, and components imported or sold after importation.
The Commission is now seeking public comments on whether the proposed orders would affect public health, competition, domestic production, or U.S. consumers.
Comments are due November 19.
The Commission must determine whether to adopt, modify, or reverse the judge’s findings before any final exclusion or cease-and-desist orders take effect.
The dispute comes as Glas expands its presence in the regulated vaping market. In May, the FDA authorized the company’s G2 system, including flavored products that incorporate age-verification technology to restrict youth access.
FDA marketing authorization and patent infringement are distinct legal matters. The FDA’s authorization does not resolve the patent claims or prevent the ITC from imposing import restrictions.
If adopted, the recommended orders could restrict the import and sale of covered Glas products, although their final scope will depend on the Commission’s decision. For now, Juul Labs has secured an initial finding of infringement, but the patent dispute remains unresolved.
