SUPPLEMENTARY INFORMATION:

The Commission instituted this investigation on March 6, 2024, based on a complaint filed by complainant PAX Labs, Inc. (“PAX”). 89 FR 16025-26 (Mar. 6, 2024). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain oil vaporizing devices, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 11,369,756 (“the '756 patent”); 11,766,527 (“the '527 patent”); 11,369,757 (“the '757 patent”); and 11,759,580 (“the '580 patent”). Id. The complaint further alleged that a domestic industry exists. Id. The Commission's notice of investigation named STIIIZY and ALD as respondents. Id. The Office of Unfair Import Investigations (“OUII”) was not named as a party to the investigation.

On January 20, 2026, the Commission issued a final determination finding a violation of section 337 by STIIIZY and ALD with respect to all asserted claims. 91 FR 2960-62 (Jan. 23, 2026). The Commission issued a limited exclusion order against STIIIZY and ALD and a cease and desist order against STIIIZY. Id. at 2961-62. The Commission also set a 100 percent bond in the limited exclusion order and cease and desist order during the period of Presidential review, which ended on March 21, 2026. Id. at 2961-62.

On May 19, 2026, PAX filed an enforcement complaint against STIIIZY and ALD requesting that the Commission institute an enforcement proceeding under Commission Rule 210.75 (19 CFR 210.75). PAX alleges that STIIIZY and ALD continue to import into the United States, sell for importation, or sell within the United States after importation, products that infringe one or more of claims 1, 5, and 10 of the '756 patent; claims 1, 13, 15, and 20 of the '757 patent; claims 1, 5, 10, 11, 17, 18, and 22 of the '527 patent; and claims 1, 6-8, 10 and of the '580 patent, in violation of the remedial orders.

Having examined the enforcement complaint and the supporting exhibits, the Commission has determined that the complaint complies with the requirements for institution of a formal enforcement proceeding. Accordingly, the Commission has determined to institute a formal enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR 210.75(a)), to determine whether violations of the remedial orders have occurred and to determine what, if any, enforcement measures are appropriate. STIIIZY and ALD are named as respondents. OUII is also named as a party.

In the Order issued concurrently herewith, the Commission has delegated this enforcement proceeding to the Chief Administrative Law Judge (“ALJ”) for designation of a presiding ALJ to conduct any necessary proceedings, issue an Enforcement Initial Determination, and make a recommendation on appropriate enforcement measures, if any.

The Commission vote for this determination took place on June 5, 2026.

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).

91 FR 35265