Category: Intellectual Property

  • Elfbar to Rebrand as EB Design After Trademark Loss

    Elfbar to Rebrand as EB Design After Trademark Loss

    Photo: Olivier Le Moal

    Shenzhen Weiboli Technology Co. plans to relaunch its Elbar e-cigarettes under the name EB Design in the United States after losing a trademark dispute in court, reports 2Firsts.

    On Feb. 23, a federal judge ordered Weiboli to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark

    In an interview with 2Firsts, Elfbar’s North American public relations manager said that while Elfbar would launch its new name in March, the brand would retain its original logo. The letters E and B in “EB Design” are believed to represent the initials of Elbar.

    Elfbar’s American PR manager said the company would continue to focus on the United States. The brand’s U.S. suppliers and distributors market are aware of name change and prepared for it, he noted.

  • U.S. Court Orders Elfbar to End U.S. Vape Sales

    U.S. Court Orders Elfbar to End U.S. Vape Sales

    Photo: md3d

    A U.S. federal judge on Feb. 23 ordered Shenzhen Weiboli Technology to stop marketing its Elfbar e-cigarettes in the U.S., finding that VPR Brands, which makes and sells Elf brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark, reports Law360.

    According to U.S. District Judge Aileen M. Cannon, VPR has shown there is a likelihood of confusion and the company stands to suffer harm if its Chinese competitor is allowed to keep selling the Elfbar vapes.

    In November, VPR asked for an injunction blocking Shenzhen Weiboli from continuing to use the Elfbar mark, arguing the alleged infringement is costing VPR about $100 million because of the effect on future sales.

    VPR claims Shenzhen Weiboli is not only infringing VPR’s Elf trademark but also its patent for its e-cigarette device.

    While there is no direct evidence that Shenzhen Weiboli deliberately intended to adopt the Elf mark to take advantage of the existing trademark, Judge Cannon wrote that the company was well aware of the Elf mark and that there was potential for confusion, as the U.S. Patent and Trademark Office denied the registration of an Elfbar trademark specifically for those reasons.

    VPR welcomed the judge’s decision. “VPR is pleased that the court found Elf is a strong trademark and granted the injunction,” said Joel B. Rothman of Sriplaw, which represented VPR in the case. “The injunction will allow VPR to move quickly against infringers and counterfeiters in the marketplace.”

    An attorney for Shenzhen Weiboli said the company intends to appeal the order.

  • Judge Lowers Royalty Payments in Vuse Alto Suit

    Judge Lowers Royalty Payments in Vuse Alto Suit

    Photo: RJRVC

    A U.S. federal judge in North Carolina lowered the rate of ongoing royalties R.J. Reynolds Vapor Co. will have to pay to Altria Client Services in an intellectual property dispute involving RJR’s Vuse Alto e-cigarette, reports Law360.

    In September 2022, the U.S. District Court for the Middle District of North Carolina awarded Altria Client Services more than $95 million after finding that Reynolds Vapor Co.’s Vuse Alto e-vapor product infringed three Altria patents.

    In his Jan. 27 opinion, U.S. District Judge N. Carlton Tilley Jr. ruled that continuing royalties on Vuse Alto are justified but not at double the rate decided by the jury.

    The opinion lowers Altria’s requested rate for ongoing royalties from 10.5 percent to 5.25 percent, which Reynolds will have to pay quarterly until the last of Altria’s patents expire on April 22, 2035.

    “Altria has not shown that the pod patents’ contribution to the Alto’s performance since May 2019 justifies increasing the jury’s royalty rate of 5.25 percent,” Judge Tilley wrote.

    Earlier this month, Judge Tilley denied Reynolds a new trial in the Vuse Alto dispute.

    Reynolds Vapor Co. has requested a new trial, stating that “Altria’s improper injection of inflammatory evidence regarding patent infringement allegations against Reynolds in other cases denied Reynolds a fair trial.”

  • PMI Takes Top Spot in 2022 Vape Patent Applications

    PMI Takes Top Spot in 2022 Vape Patent Applications

    Credit: Olivier le Moal

    Tobacco-related products, especially vaping and heat-not-burn, were among the 10 fastest growing technologies in 2022 when measured by the number of U.S. patents issued, according to IFI Claims Patent Services.

    Philip Morris International, which is in the process of replacing its combustible cigarette business with less harmful smoking alternatives, was the most prolific claimant in the vaping/tobacco business, filing 1,364 cigarette patent applications in 2022.

    South Korean electronics titan Samsung took the top spot from longtime leader IBM. Following Samsung and IBM, the top 10 patent earners were Taiwan Semiconductor, Huawei Technologies, Canon, LG Electronics, Qualcomm, Intel, Apple and Toyota Motor.

    Technology related to autonomous vehicles ascended to the No. 1 spot among IFI’s Fastest Growing Technologies list last year. While “Computing Based on Biological Models” dropped to No. 4 from its perch at No. 1 last year, artificial intelligence research has pervaded multiple patent categories, including earth drilling, quantum computers and machine learning.

    Rounding out the top fastest growing technologies were “Electrical Digital Data Processing,” with a compound annual growth rate CAGR) of 33.9 percent; “Special Features Related to Earth Drilling Including AI and Simulation Models” (CAGR 32.5 percent); “Computing Based on Biological Models” (CAGR 32.1 percent); and “Electrically Operated Smoking Devices” (CAGR 31.3 percent).

    “Cigars, Cigarettes” registered a CAGR of 28.3 percent.

  • Cabbacis Patents Low-Nicotine Pods in Canada

    Cabbacis Patents Low-Nicotine Pods in Canada

    A U.S. federally-licensed tobacco product manufacturer focused on harm reduction products announced today that the Canadian Intellectual Property Office (CIPO) has issued patents for its pods comprising blends of very-low-nicotine tobacco and hemp for use with electronic nicotine delivery systems (ENDS).

    Canadian Patent No. 3,151,047 was issued to Cabbacis and includes 27 claims which will expire on September 10, 2040. Earlier in 2022, CIPO also issued Patent No. 3,107,796 to Cabbacis for cigarettes comprising blends of very-low-nicotine tobacco and hemp.

    “I am pleased that both types of our products are now patented in Canada which is one of our early target countries for commercialization,” said Joseph Pandolfino, founder and president of Cabbacis.

    Credit: Feng Yu

    Primary applications of the company’s very-low-nicotine cigarettes and vaping pods in development comprising blends of very-low-nicotine tobacco and hemp are to assist smokers of conventional cigarettes to smoke less, transition to less harmful tobacco or nicotine products, or quit nicotine use altogether, according to a press release.

    Cabbacis’ patent portfolio includes 25 issued patents and various pending patent applications across the United States, Europe, China, Japan, South Korea, Canada, Australia, New Zealand, Mexico, Brazil and other countries. The company holds six U.S. patents.

  • Reynolds Hit with $95 Million Verdict in Vapor Patent Dispute

    Reynolds Hit with $95 Million Verdict in Vapor Patent Dispute

    Photo: New Africa

    A jury in the U.S. District Court for the Middle District of North Carolina awarded Altria Client Services more than $95 million after finding that Reynolds Vapor Co.’s Vuse Alto e-vapor product infringed three Altria patents.

    The jury awarded $95.23 million in past damages through June 30, 2022. Post-trial proceedings will address ongoing damages through the expiration of Altria’s patents in 2035. At trial, Altria urged the jury to find a royalty rate of 5.25 percent, which the jury accepted in returning its award of past damages.

    “Patents are at the core of innovation, and we take very seriously protecting our intellectual property,” said Murray Garnick, executive vice president and general counsel of Altria, in a statement. “We are pleased that the jury recognized the importance of Altria’s innovation and the value of its patent rights.”

    At issue in this case were three patents awarded to Altria Client Services by the U.S. Patent and Trademark Office based on filings dating back to April 2015. The jury found that Reynolds Vapor violated Altria’s patents covering the pod assembly used in Vuse Alto.

    The case is Altria Client Services vs. Reynolds Vapor Company et al.

  • RJ Reynolds’ Vaping Technology Claims Invalidated

    RJ Reynolds’ Vaping Technology Claims Invalidated

    Photo: utah51

    A U.S. administrative tribunal has invalidated two claims in a R.J. Reynolds vaping patent, reports Law360.

    The Patent Trial and Appeal Board said on June 30 that two claims in U.S. Patent No. 9,814,268, which covers “a tobacco-containing, electrically-powered smoking article” designed to burn a minimal amount of tobacco, can’t stand because they are obvious in light of previous e-cigarette patents.

    The ruling represents a second win for Philip Morris Products after a Virginia federal jury awarded it more than $10 million last month in drawn-out clash between the tobacco giants.

  • VPR Settles 3 More Patent Suits for Auto-Draw Technology

    VPR Settles 3 More Patent Suits for Auto-Draw Technology

    Illustration: VPR Brands

    XL Vape, VGOD and Saltnic have agreed to pay VPR brands $155,000 to settle patent-infringement litigation related to VPR’s auto-draw technology, according to a press release. As part of the deal, VPR brands has granted each of the companies a non-exclusive license to practice the invention set forth in the disputed intellectual property.

    Dating from 2009, U.S. patent 8,205,622 covers electronic cigarette products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone. The sensor turns the battery on and off, and covers most auto-draw, button less e-cigarettes, cig-a-likes, pod devices and vaporizers using an airflow sensor rather than a button. The technology is covered under electronic cigarette utility patent

    VPR Brands has started to identify and notify over 50 of the leading companies using its auto-draw technology. XL Vape, VGOD and Saltnic were prioritized based on their sales volumes and popularity.

    According to VPR Brands, most nicotine vaping devices sold in the U.S. today utilize an auto-draw/button-less technology. The company is investigating all button-less vape devices within the nicotine, CBD, and cannabis space that initiate vaporization from the user’s airflow inhalation as they would be suspect of infringement.

    The company says it may also seek a buyer for its patent in the future, citing the example of Ruyan, which in August 2013 sold its e-cigarette patent to Imperial Tobacco group for $75 million.

    VPR’s settlement with XL Vape, VGOD and Saltnic follows earlier settlements with Nepa 2 Wholesale and HQDTech, and PHD Marketing.

  • Smoore and Relx Rank Among Top Patent Applicants

    Smoore and Relx Rank Among Top Patent Applicants

    Photo: Smoore

    Smoore and RELX were among the vaping business’ most prolific patent applicants in 2021, according to the Chinese Enterprise PCT International Patent Application Ranking. Smoore topped the list with 84 international patent applications under the Patent Cooperation Treaty (PCT), the company announced in a press release. RELX filed 74 international patent applications during the year.

    Based on the number of PCT international patent applications in 2021, the ranking is published by IPRdaily, an intellectual property publication, and incoPat, a global patent database.

    By Dec. 31, 2021, Smoore had more than 3,408 patent applications cumulatively, including 1,674 authorized patent applications. The company’s patent applications relate to atomization and other technologies. In January, the company launched the world’s thinnest ceramic coil vape pod solution. Equipped with a new generation of the Ultra-slim Bionic Film Ceramic Coil, FEELM Air features seven breakthroughs, including in reliability, flavor and interactive experience, according to Smoore.

    To date, the company has hired 1,500 R&D experts from different scientific backgrounds and established 10 centers for cross-disciplinary research. Five additional centers are under construction.

    The company says it’s committed to protecting its intellectual property. In October 2021, Smoore filed a complaint to the United States International Trade Commission against 38 American and Canadian enterprises and individuals for copying certain features of its oil-vaping cartridges and components technologies.

  • ITC Bans All Imports of Illicit Juul-Compatible Pods

    ITC Bans All Imports of Illicit Juul-Compatible Pods

    Credit: JHVEPhoto

    The U.S. International Trade Commission (ITC) has issued a general exclusion order that bans the importation of any unauthorized cartridges compatible with the Juul vaping system that infringe Juul Labs’ patented product designs, including compatible flavored pods and refillable pods.

    This ruling follows a filing by Juul Labs submitted to the ITC on July 10, 2020, that sought a general exclusion order directed at all importers of unauthorized cartridges that copy Juul Labs’ patented pod designs without authorization.

    “Today’s ITC ruling represents a major victory against manufacturers of illicit vapor products who seek to bypass regulations and undermine efforts to create a more responsible marketplace for the category,” said Wayne Sobon, vice president, intellectual property at Juul Labs, in a statement.

    “In addition to targeting the importation of all infringing products, regardless of the brand, this sweeping action will provide the additional public benefit of helping rid the market of unauthorized Juul-compatible products that can be modified by the user, such as empty and refillable pods.”