Tag: intellectual property

  • Healthier Choices Files Patent Suit Against RJR Vapor

    Healthier Choices Files Patent Suit Against RJR Vapor

    Healthier Choices Management Corp. sued RJ Reynolds Vapor Co. seeking royalties from sales of its Vuse Alto vape pens, chargers, and pre-filled liquid pods, alleging the products infringe a patent for vaping products.

    Hollywood, Fla.-based HCMC said the British American Tobacco Plc’s subsidiary and its Vuse Alto products infringe US Patent No. 9,538,788, according to a complaint filed in the US District Court for the Middle District of North Carolina, according to Bloomberg.

    The patent, which Bloomberg Law estimates will expire in July 2034, is among 16 HCMC owns that are related to its Q-Unit, Qwik-T, and Qwik-G heating devices, mouthpieces, and related vape hardware.

  • Juul Labs Accuses NJOY Maker of Patent Violations

    Juul Labs Accuses NJOY Maker of Patent Violations

    Juul Labs has asked the U.S. International Trade Commission (ITC) to block sales and imports of the NJOY Ace vapor device, claiming that the product infringes several Juul patents. It has also filed a complaint against NJOY with the U.S. District Court for the District of Arizona.

    “Our technology, designed internally and in the U.S. and protected by our robust patent portfolio, has been the most effective product development to transition adult smokers from combustible cigarettes—switching over 2 million adult smokers in this country. Innovation is critical in this space to advance tobacco harm reduction,” said Juul Labs Chief Legal Officer Tyler Mace in a statement.

    “When others infringe on our technology, we have no choice but to protect our intellectual property rights.”

    This ITC complaint follows three prior successful actions from Juul Labs at the Commission, which all resulted in barring the importation and sale of infringing products, according to Juul Labs.

    “Just like we have in three prior successful ITC actions that vindicated our company’s IP rights, we intend to reach the same result here,” said Mace.

    The Juul Labs complaint also targets Altria Group, which agreed to acquire the NJOY in March after exchanging its minority investment in Juul for a heated tobacco product intellectual property license.

    The NJOY Ace device received marketing authorization from the Food and Drug Administration in April 2022.

  • Kaival Brands Acquires GoFire Patent Portfolio

    Kaival Brands Acquires GoFire Patent Portfolio

    Credit: Olivier le Moal

    Kaival Brands Innovations Group announced it has acquired an extensive patent portfolio from GoFire, Inc. with the goal of diversifying its product offerings and creating near- and longer-term revenue opportunities.

    The GoFire patent portfolio includes 12 existing and 46 pending with novel technologies across extrusion dose control, product preservation, tracking and tracing usage, multiple modalities (i.e., different methods of vaporizing) and child safety.

    The patents and patent applications cover territories including the United States, Australia, Canada, China, the European Patent Organisation, Israel, Japan, Mexico, New Zealand and South Korea. The portfolio also includes a proprietary mobile device software application that is used in conjunction with certain patents in the portfolio.

    “We are excited to place these valuable assets into Kaival’s hands. After working hard to create this intellectual property with a goal of providing safer and healthier products to the marketplace, we engaged in a comprehensive assessment of how best to further its development into actual products and services with consumer reach,” Peter Calfee, CEO of GoFire, stated. “At the end of that process, we chose to invest our patent portfolio in Kaival in exchange for Kaival equity as the right fit for our technology.”

    The acquired assets will be housed in Kaival Labs, Inc., a subsidiary of Kaival Brands that develops new branded and white-label products and services in the vaporizer and inhalation technology sectors, according to a press release.

    In the near term, Kaival Brands expects to seek third-party licensing opportunities in the cannabis, hemp/CBD, nicotine and nutraceutical markets as a means of monetizing its new patents.

    Longer term, Kaival Brands believes it can utilize the acquired patents to create innovative and market-disruptive products, including patent-protected vaporizer devices and related hardware and software applications.

    “This is a transformative asset acquisition for Kaival Brands,” stated Eric Mosser, president and chief operating officer of Kaival Brands. “As we look to the future of our company beyond our core BIDI Stick distribution business, the purchase of this extensive patent portfolio marks the first step in diversifying our product offerings for adult consumers and potential revenue streams.

    “We believe this forward-looking acquisition, with the acquisition consideration structured in key respects at premiums to the current market value of our common stock, broadens and strengthens our company and our prospects considerably as we seek to drive value for our stockholders.”

  • RJR Vapor Denied New Trial in $95 Million Altria Verdict

    RJR Vapor Denied New Trial in $95 Million Altria Verdict

    Credit: Kristina Blokhin

    RJ Reynolds Vapor Co. was denied a new trial on its September loss that awarded $95 million to Altria Group for its Vuse Alto e-cigarette’s infringement of three vape pod patents.

    “That the jury did not agree with” Reynolds “does not mean the trial was unfair,” Judge N. Carlton Tilley Jr. wrote in an opinion issued Thursday in the U.S. District Court for the Middle District of North Carolina, according to Bloomberg Law.

    Tilley denied BAT subsidiary Reynolds’ motion for a new trial or to reduce the damages jurors awarded to Altria Client Services in their Sept. 7 verdict.

    In its retrial request, Reynolds Vaper stated that “Altria’s improper injection of inflammatory evidence regarding patent infringement allegations against Reynolds in other cases denied Reynolds a fair trial. Erroneous evidentiary rulings also prejudiced Reynolds’ ability to present its defense. Those errors independently, and under the cumulative error doctrine, affected the verdict such that a complete new trial is required.”

    Altria said in a statement that “this was a fair trial. There is no basis for another trial, and we are pleased that the jury correctly found that Reynolds Vapor has infringed a number of our patents.”

  • VPR Brands Wins Patent Appeal for Airflow Sensor

    VPR Brands Wins Patent Appeal for Airflow Sensor

    Credit: New Africa

    The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office ruled to uphold the validity of a VPR Brands patent that is considered one of the first patents for modern electronic nicotine-delivery system (ENDS) products.

    The PTAB denied the appeal filed by Jupiter Research (case No. IPR2022-0029) that was seeking to invalidate the VPR’s U.S. Patent number 8,205,622 B2. The decision of the PTAB is not appealable.

    The VPR patent dates to 2009 and includes independent claims covering electronic cigarette products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone, according to a press release.

    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 PTAB’s decision denying institution clears the way for VPR’s infringement litigation against Jupiter pending in the District of Arizona to proceed. Claim construction in that pending suit has already been completed. While some discovery still remains, the case should proceed to pre-trial motions this year, according to the release.

    VPR Brands along with its representation, SRIPLAW, has started to identify and notify over 50 of the leading companies using the auto-draw technology and VPR Brands intends to vigorously enforce its patent.

    “These companies were prioritized, based on sales volume and popularity. Most recently VPR Brands LP and its legal team, headed by Joel B Rothman of SRIPLAW, have filed litigation against nine of the companies,” the release states. “Additional lawsuits will continue to be filed as necessary to protect the company’s intellectual property rights.”

    A majority of the vaping devices sold in the U.S. now 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 those types of products would be suspect of infringement.

    The company may also seek a buyer for this patent in the future. In August 2013, Imperial Tobacco Group (now ITG Brands) purchased the intellectual property behind the Ruyan e-cigarette, often considered the first modern ENDS product, for $75 million.

  • Kanabo CBD-Based Cessation Aid Close to Patent Award

    Kanabo CBD-Based Cessation Aid Close to Patent Award

    Kanabo today announced that its unique CBD and nicotine formula for help in quitting both e-cigarettes and traditional cigarettes has moved from the Patent Cooperation Treaty (PCT) phase to National Phase in the U.S., U.K., and E.U. countries. It’s the last phase before becoming an internationally approved patent.

    Credit: Kanabo

    One of Europe’s fastest-growing medical cannabis and R&D companies that focuses on the distribution of cannabis-derived products for medical patients, and wellness CBD consumers, Kanabo’s says the smoking cessation market is expected to reach £50 million within a few years. “Kanabo’s unique, high potency CBD and nicotine and standalone CBD formulas, delivered by their proprietary cartridges and VapePod, can be used to treat nicotine and tobacco addiction, with evidence so far suggesting the program significantly reduces physical and psychological nicotine withdrawal effects,” a press release states.

    Covered under the Kanabo patent application is a new formula development of specific naturally derived terpenes to allow the application of a “very consistent and reproducible, high concentration of CBD throughout the life of the Kanabo cartridge.” Initially, CBD is combined with nicotine, which is then reduced over several weeks until there is zero Nicotine presence. Tests with a small group of volunteers cigarette smokers that participated in Kanabo’s trial showed an “average reduction of 70 percent in their cigarette consumption” and did not experience physical or psychological withdrawal effects

    “Our unique patent pending CBD formulations and controlled and consistent delivery device, the VapePod, represents an excellent opportunity for governments to quickly end the reliance on tobacco for millions of citizens worldwide,” said Avihu Tamir, CEO for Kanabo. “Our tests show a dramatic reduction in nicotine consumption, whether in cigarettes or e-cigarettes, which can only be good news for health services around the world.”

  • 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.”

  • VPR Files 3 More Suits for Auto-Draw IP Infringement

    VPR Files 3 More Suits for Auto-Draw IP Infringement

    VPR Brands has filed lawsuits against three more vapor companies for violating its “auto draw” patent. The company filed a lawsuit against three previous companies in February. The company owns intellectual property rights for one of the original patents filed for electronic cigarette technology.

    vaping devices
    Credit: VPR

    The patent dates back to 2009 and includes independent claims covering vaping products containing an electric airflow sensor, including a sensor comprised of a diaphragm microphone. The sensor turns the battery on and off, and covers auto-draw, button less e-cigarettes, cigalikes, pod devices and vaporizers using an airflow sensor.

    “Just this week we have filed three additional lawsuits which brings the total to six with many more expected and likely as almost every company in the vape space has at least one product which uses the Patented “auto draw” technology.” said Kevin Frija, CEO of VPR Brands. “We will be aggressively pursuing every company infringing on our patent no matter how small or how large they maybe.”

    VPR Brands along with SRIPLAW has started to identify and notify over 50 of the leading companies. These companies were prioritized, based on sales volume and popularity. Most recently VPR Brands LP and its legal team, headed by Joel B Rothman of SRIPLAW, have filed litigation against Mong LLC, B&G Trading LLC, and Lightfire Holding LLC. The three previous suits were filed against Jupiter Research, Cool Clouds Distribution and XL Vape.

    “We want to make sure VPR Brands Patent which is valid until 2030 is enforced and our Intellectual property rights are protected,” said Frija. “We intend to send a clear message to the industry that we mean business and of course, as they say, “business is business” it’s nothing personal, in the end its just business.”

  • VPR Brands Enforcing its ‘Auto Draw’ Patent

    VPR Brands Enforcing its ‘Auto Draw’ Patent

    VPR Brands has started to identify and notify over 50 vapor industry companies that are using its “Auto Draw Technology” that VPR intends to enforce its patent. These companies were prioritized, based on sales volume and popularity, according to a press release.

    vaping devices
    Credit: VPR

    VPR recently filed litigation against three of the companies: Jupiter Research, Cool Clouds Distribution and XL Vape. Additional lawsuits will continue to be filed as necessary to protect the company’s intellectual property (IP) rights, according to the release.

    “Having personally been in the vape industry since its infancy for more than 10 years and witnessing the evolution of ecig and vapor technology, it is befitting that our company owns this US utility patent for what has grown to be a multibillion-dollar market,” said Kevin Frija, CEO of VPR Brands. “The inner construction of an e-cigarette is quite simple and fairly standard, and it is obvious as to what our auto draw technology patent covers, and potential infringement is rather clear when you see it.”

    The company owns IP for one of the original patents filed for e-cigarette technology, dating back to 2009. It includes “independent claims covering 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 auto-draw, button-less e-cigarettes, cigalikes, pod devices and vaporizers using an airflow sensor. The technology is covered under electronic cigarette utility patent US 8205622,” the release states.

    “The surge of the vaping category for nicotine, cannabis and CBD in the last few years has reached billions of dollars in sales. That has created opportunities for our patented auto-draw technology, which we believe is now preferred by many, if not most consumers,” said Frija. “Infringement can be avoided by simply adding a button to the battery however the preferred option by consumers to simulate smoking is our button-less auto draw technology and we believe this is an opportune time to consider licensing, enforcement or potentially a sale of our intellectual property to one of the larger players in the space. Our Patent could be a huge windfall for the company.”

    The company may also seek a buyer for this patent in the future. “In recent years, our patented technology has surged back into popularity making our patent potentially very valuable,” ” said Dan Hoff COO of VPR. “I am happy to see our company and legal team actively litigating to enforce our intellectual property.”