Category: Intellectual Property

  • Kaival Brands Secures 2 Patents in China for Bidi

    Kaival Brands Secures 2 Patents in China for Bidi

    Photo: vegefox.com

    Kaival Brands Innovations Group has been granted two copyright protections and two patents by China.

    The first patent, China Patent No. 202020067263.5, is a utility model patent, and relates to the nozzle components of the Bidi Stick. The nozzle components play an integral role in delivering a consistent user experience. The second patent, China Patent No. 202030052391.8, is a design patent that covers the entire Bidi Stick product. Bidi Vapor has also secured copyrights for both the Bidi Stick and Bidi Cares names.

    Kaival believes that the Chinese vapor market presents a considerable business opportunity. Statista data projects the China combustible cigarette market to top $220 billion in 2021. Vape products are quickly gaining market share in China and if a mere 10 percent of combustible cigarette smokers transition to vape, China would be a $22 billion vape market opportunity. By comparison, Grandview Research anticipates the U.S. vape market to reach $7.4 billion in 2021.

    “The copyright and patent protection representations received from China are the first step in our planned journey to introducing the Bidi Stick into one of the world’s largest markets for vape products, China,” said George Chuang, independent director of Kaival Brands, in a statement. “I look forward to advising the company in my role as a board member in interfacing with potential distribution partners in China.”

    “Receiving two patents from China, along with copyright protections, should enhance our efforts to more effectively eliminate counterfeit players from the market, and being afforded these protections within a difficult market further validates our best-in-class product lineup” says Niraj Patel, founder and chief executive officer of Kaival Brands and Bidi Vapor. “Both Bidi Vapor and Kaival Brands are adamant about exceeding compliance standards in every global market, and as such our products are intended exclusively for adults 21 and over.”

    Following the latest patents, Kaival has intellectual property protections in the United States, the European Union, Australia and China. “We believe this puts us in a strong position to pursue new global markets that we have already received regulatory approval to enter,” says Patel.

  • Next Generation Labs Receives European Patent

    Next Generation Labs Receives European Patent

    Photo: tashatuvango

    Next Generation Labs has received a European Patent (No. 3209653), for its proprietary technology related to the preparation of R-S isomer nicotine.

    “This patent grant by the European Patent Office is a significant milestone for Next Generation Labs, as it solidifies our tobacco-free synthetic nicotine intellectual property portfolio across a number of European countries, allowing the company to better enforce its rights against violators and counterfeiters of its industry leading TFN branded synthetic nicotine,” Next Generation Labs wrote in a statement.

    “Alongside our announcement of patent grants in China, Australia, and Canada, and the enforcement efforts of our strategic partner NextEra in South Korea, we are now even better positioned to take direct action against companies violating our patented nicotine production process in an additional 38 countries.”

    Next Generation Labs says it was the first company to successfully scale the bulk manufacture of non-tobacco synthetic nicotine for use in novel non-tobacco products, such as vape liquids and pens, in heat-not-burn devices and in many modern oral nicotine products, as well as in innovative pharmaceutical nicotine cessation products.

    “Our company believes that consumers have a right to access non-tobacco derived nicotine as a matter of choice,” Next Generation Labs wrote.

    “There are many adult consumers who wish to enjoy nicotine, but want to do so without the lingering and potentially detrimental effects of long-term tobacco use. The introduction of TFN branded synthetic nicotine has created a liberating opportunity for consumers, who as a result of Next Generation Labs nicotine technology, are now able to achieve a complete break from tobacco as they enjoy many of the leading brands available on the market today that use TFN.”

  • Judge Says RJR Vapor Products Infringe Fuma Patents

    Judge Says RJR Vapor Products Infringe Fuma Patents

    A North Carolina judge has ruled that R.J. Reynolds Vapor Co.’s (RJR) Vuse Solo and Ciro e-cigarettes infringe patents owned by Medina, Ohio-based e-cigarette maker Fuma International. U.S. District Judge Catherine Eagles in Durham found Monday that RJR’s products infringed parts of both patents covering Fuma’s electronic-cigarette designs, but that one infringement question was best left for trial.

    Fuma lead counsel Dirk Thomas of said in an email that the company is pleased with the ruling and “looks forward to presenting the rest of the case, including its damages claims, to the Judge and the jury,” a Reuters story states.

    RJR spokesperson Kaelan Hollon said in an email that the company “looks forward to proving at trial that the Fuma patents are invalid” and that Solo doesn’t infringe the part of the patent still at issue. Fuma sued RJR in 2019 for infringing two of its patents that outline types of e-cigarettes made of a cartridge and power source.

    According to Fuma’s complaint, RJR copied Fuma’s designs after meeting with Fuma about its e-cigarette technology in 2010. RJR introduced the Vuse Solo in 2013 and the Vuse Ciro in 2017. Vuse is one of the most popular e-cigarette brands in the country.

    The parties only disputed whether Solo and Ciro included three relevant elements of the patents. Eagles found that the products included two of the disputed elements and infringed both patents, but that the question of whether they included the third element should go to trial.

    The Vuse Solo has one of the patents’ “electrically conductive portion” that couples the cartridge to the power source, and the Vuse Ciro has a type of airflow passageway featured in both patents, Eagles said. However, remaining factual issues justified a trial on whether the Solo has the “electrically conductive threaded portion” from a Fuma patent. RJR provided enough evidence to show that the relevant part of its device may not be “threaded” under the patent’s definition, Eagles said.

  • Poda Patents Closed-Ended Heated Tobacco Device

    Poda Patents Closed-Ended Heated Tobacco Device

    Photo: Poda Lifestyle and Wellness

    Poda Lifestyle and Wellness expects to receive patent protection for its Poda zero-cleaning heat-not-burn (HnB) technology in Europe and the United States soon.

    The Poda system uses proprietary biodegradable single-use pods. The design prevents cross-contamination between the heating devices and the pods, eliminating cleaning requirements and providing users with a convenient and enjoyable potentially reduced-risk smoking experience.

    The company’s says its pods are the first and only cigarettes to have a completely closed end. A closed-ended cigarette utilizing HnB heating technology allows for an ashless experience and provides for consistent quality each time a new pod is inserted into the heating device.

    Poda Lifestyle and Wellness’ research and development commenced in January 2015. The Poda zero-cleaning technology was granted a Canadian patent in 2018 with patent entries filed in more than 65 additional countries.

    “We have spent years of research and development with regards to our invention and are very pleased to see that our invention has been granted a patent in Canada,” said Poda CEO Ryan Selby in a statement.

    “We have filed for patents in 65 other countries and expect USA and European patents to follow in short order now that we have received the Canadian patent.”

    We have spent years of R&D and are very pleased to see that our invention has been granted a patent in Canada.

    Ryan Selby , CEO, Poda

    “This will protect our company for many years ahead as we launch Poda into the global marketplace as the first heat-not-burn system that allows users to experience maintenance-free heating of substrates such as tobacco or dried plant material with zero cross-contamination when switching from one substrate to another.”

  • Trade Commission: IQOS Infringes on Vuse Patents

    Trade Commission: IQOS Infringes on Vuse Patents

    Photo: JHVEPhoto

    Philip Morris International’s IQOS device infringes two patents owned by British American Tobacco subsidiary Reynolds American Inc., reports Bloomberg, citing a note posted by Judge Clark Cheney on the U.S. International Trade Commission’s website.

    The next step is a likely review by the full commission, which has the power to halt products at the U.S. border and is scheduled to complete the investigation by Sept. 15.

    IQOS is the only heat-not-burn product authorized for sale in the U.S., where it’s sold by Altria. Last year, the U.S. Food and Drug Administration allowed the company to market IQOS as reducing consumers’ exposure to harmful chemicals found in cigarettes.

    Reynolds claims PMI and Altria copied patented technology that it had developed for its Vuse Vibe and Vuse Solo vaping products, for which it’s filed for FDA approval. The company complained to the ITC in April 2020.

    Altria responded with its own patent-infringement claims, and a separate suit against Reynolds in May. Altria also lodged petitions with the U.S. Patent and Trademark Office challenging the validity of a half-dozen Reynolds’ patents.

    The judge has to make a determination on whether even temporarily removing such products is appropriate for public health and what alternatives there are for consumers.

    Andre Calantzopoulos, executive chairman, PMI

    Reynolds said it expects the judge will recommend an import ban, adding that the unauthorized use of its inventions “undermines our ability to invest and innovate and thereby reduce the health impact of our business.”

    Philip Morris called the judge’s findings “one step in a long process that does not have an immediate effect” and it will present its position to the commission.

    “BAT’s litigation in the U.S. is part of a worldwide attempt—which has been entirely unsuccessful to date—that is meant to undermine the heated-tobacco segment, where they lag far behind,” the company said.

    PMI has also argued that, even if a patent violation is found, it’s not in the public’s interest to keep the IQOS out of the U.S.

    “The judge has to make a determination on whether even temporarily removing such products is appropriate for public health and what alternatives there are for consumers,” said PMI Executive Chairman Andre Calantzopoulos. “If we remove a product that exists, and the only alternative that people have are cigarettes, it’s a consideration of public-health interest and that has to be taken into account.”

  • R. J. Reynolds Challenges Philip Morris Vapor Patent

    R. J. Reynolds Challenges Philip Morris Vapor Patent

    Image: USPTO

    R.J. Reynolds Vapor Co. (RJRV) has petitioned the U.S. Patent and Trademark Office for a review of six claims relating to the basic functionality of e-cigarettes in a patent assigned to Philip Morris Products, reports Law Street Media.

    RJRV argues that the patent describes an approach that dates from 1990 and has “become accepted in view of its comparatively easy technical realizability in combination with its convincing functionality.’”

    According to the filing, there are disadvantages in the prior technology that the asserted patent claims to fix, such as the increasing contamination of the vaporizing unit throughout its life, a fluid leak, and that due to its design, the e-cigarette’s length cannot be shortened.

    RJRV takes issue with the patent’s six claims on the basis that to a person having ordinary skill in the field, it would have been obvious to combine previous inventions to overcome the claimed deficiencies.

    RJRV requests the cancellation of the claims as unpatentable.

    It’s not the first time that Reynolds and Philip Morris have quarreled about intellectual property. In June 2020, Philip Morris International filed counterclaims against Reynolds for patent infringement in the federal court action that RJR commenced against PMI and Altria, PMI’s IQOS distributor in the U.S., on April 9, 2020 in the Eastern District of Virginia.

  • Synthetic Nicotine Patent Approved in China

    Synthetic Nicotine Patent Approved in China

    Photo: Michal Jarmoluk from Pixabay

    The China Patent Office has approved Next Generation Labs’ (NGL) patent application covering the process for the preparation of R-S [synthetic] nicotine, issue number 201580069647.2.

    The approval will give NGL the ability to better enforce its intellectual property rights. NGL is the world’s largest manufacturer of S-isomer, R-S isomer and R-isomer synthetic nicotine sold under the registered brand name TFN.

    According to NGL, the U.S. and Korean markets have been inundated with dozens of fake synthetic nicotine products and brands, and many manufacturers have misleadingly labeled bulk pure nicotine, bulk vape liquid mixtures and vaping and oral nicotine products as made with TFN. In many instances, the nicotine contained in these products is not synthetic, tobacco-free or non-tobacco, but is in fact derived from tobacco sources.

    For almost a decade, NGL has spent considerable effort establishing a strong global intellectual property portfolio that has become distinctive of the company’s goodwill and of the high-quality adult consumers expect of TFN-branded nicotine.

    NGL now intends to fully enforce its rights against many of these so-called synthetic nicotine brands.

    Next Generation Labs

    NGL has been taking direct action in the United States and through its sole South Korean distribution partner NextEra to limit the misleading claims of unscrupulous sellers of pseudo-synthetic nicotine, and against manufacturers and brand owners who misrepresent that their product contains TFN branded synthetic non-tobacco-nicotine.

    “With the assistance of the Chinese authorities, NGL now intends to fully enforce its rights against many of these so-called synthetic nicotine brands at their point of manufacture, and will take the lead with national customs agencies to limit the flow of fake synthetic nicotine products at trade exit and entry points in China, the U.S., EU, UK, South Korea, India, Canada, and Australia,” the company wrote in a press release.