Tag: patents

  • Pax Labs Files Patent Lawsuit Against Stiizy, ALD

    Pax Labs Files Patent Lawsuit Against Stiizy, ALD

    Credit: Stiizy

    Pax Labs Inc. has filed a lawsuit against the vape brand Stiiizy Inc. and its manufacturer ALD Group Ltd. for allegedly infringing four patents with vape pens they make and sell.

    Stiiizy and Hong Kong-based ALD make vaporizing devices, including a cartridge and battery, that utilize methods similar to Pax Labs’ patents, according to separate complaints filed Monday in the US District Court for the Central District of California, according to media reports.

    Pax Labs said the companies infringed U.S. Patent Nos. 11,369,756, 11,369,757, 11,766,527, and 11,759,580, which deal with methods for leak-resistant vaporizer cartridges and apparatuses.

    The patents are all labeled as a “Leak-resistant vaporizer device.”

  • 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.

  • 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.”

  • U.S. Appeals Court Revives Phillip Morris Patent Suit

    U.S. Appeals Court Revives Phillip Morris Patent Suit

    The United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris.

    Healthier Choices Management (HCM) filed the appeal to the CAFC after a district court ruled in Phillip Morris’s favor, dismissing the patent infringement case. HCM alleged that Phillip Morris infringed on its patent for an electronic pipe, U.S. Patent No. 10,561,170.

    The CAFC reversed the district court’s dismissal of the original complaint and its denial of HCM’s motion to amend the complaint. Additionally, the appeals court vacated the award of attorneys’ fees to Phillip Morris.

    The main dispute between the two companies is whether one of Phillip Morris’s products initiates a combustion reaction. HCM alleged that the product in question from Phillip Morris does induce a combustion reaction, while Philip Morris claimed that the product is combustion-less.

    If the product does involve combustion, it would bolster HCM’s case that Phillip Morris infringed on its patent, according to IP Watchdog.

    However, the district court agreed with Phillip Morris that an attached exhibit from HCM proved that Phillip Morris’s product does not use combustion. Thus, there was no infringement found and the case was dismissed.

    The district court also denied HCM’s motion to file an amended complaint.

    As a result of the district court ruling, HCM appealed to the CAFC, arguing that the district court erred in dismissing the case, denying its motion to amend its case. HCM also asked that if the case be remanded that it be assigned to a different judge, and the company contested the attorney fees that Phillip Morris was awarded.

    CAFC sided with Phillip Morris and denied HCM’s request for reassignment. The case will go back to Judge Timothy C. Batten of the United States District Court for the Northern District of Georgia.

  • Judge Rules Reynolds can Continue to sell Vuse

    Judge Rules Reynolds can Continue to sell Vuse

    A Virginia federal judge denied a permanent injunction request from Philip Morris International (PMI) to bar R.J. Reynolds Vapor Co. from selling vaping devices that a jury found violated PMI patents. In the order, the judge stated that banning the devices would harm public health.

    However, RJRV was ordered to pay a modest patent royalty to its rival PMI. Judge Leonie Brinkeina of the Eastern District of Virginia stated that RJRV is required to pay a royalty of 1.8 percent of net sales for infringing on a patent used in Vuse Alto cartridges, and a 2.2 percent royalty for infringing on a patent used in Vuse Solo G2 cartridges, reports the Winston-Salem Journal.

    The royalties will be enforced for the remaining life of the patents. The royalties will be paid quarterly, retroactive to June 16. PMI said that if a permanent injunction was not approved, it requested a 33.5 percent royalty on the Alto cartridges and a 3.75 percent royalty on the Solo G2 cartridges.

    The royalties are on top of jury awards in 2022 that totaled $10.91 million for the Alto infringement and $3.16 million for the Solo G2 infringement.

    PMI said in a statement that “while we continue to review the court’s decision, we reiterate our gratitude to the jury for its finding that BAT’s affiliate RJR infringed two of our patents with its Vuse products, its confirmation of BAT’s obligation to pay us damages, and its vindication of our industry-leading investments in smoke-free technologies, such as e-vapor.”

    RJRV said in a statement that “while we welcome the decision to reject an injunction, we are disappointed with the underlying verdict regarding patent validity and infringement.”

    “R.J. Reynolds Vapor is currently evaluating next steps, including the possibility of an appeal to the U.S. Court of Appeals for the Federal Circuit, seeking reversal of the jury’s verdict regarding patent validity and infringement.”

    Brinkeina determined that PMI “has not established that it has suffered irreparable injury” from the patent infringements.

    The judge wrote that “(PMI) did not have a significant market (in the U.S.) before Reynolds infringed on its patents, has not demonstrated that it has brand recognition in the U.S. for its products, and has not provided compelling evidence that shows the loss of goodwill in the domestic market.”

    Brinkeina also determined that the public’s interest in having potentially harm reduction Alto and Solo G2 cartridges available at retail outweighs ordering a permanent injunction “given the undisputed popularity of Reynolds’ Vuse products.”

    In the latest Nielsen report on convenience store sales of tobacco products, top-selling Vuse holds a 42.2 percent market share, compared with Juul at 26.1 percent.

  • 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.”

  • 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.

  • Judge Boosts Philip Morris’ IQOS Infringement Award

    Judge Boosts Philip Morris’ IQOS Infringement Award

    Photo: New Africa

    R.J. Reynolds Vapor Co. owes Philip Morris Products more than $14 million after a federal judge on Aug. 17 increased a jury’s June patent-infringement award over vapor products to include prejudgment interest and supplemental damages, reports Bloomberg Law.

    Judge Leonie M. Brinkema amended the judgment entered June 15 in the U.S. District Court for the Eastern District of Virginia to reflect a total judgment amount of $10.9 million for infringement of one patent and $3.16 million for infringement of another.

    In its June 15 judgement, the jury found that RJR’s Vuse Solo and Alto devices infringe two Philip Morris patents covering parts of a vaping device for heating substances and preventing leaks. At the same time, the jury cleared Vuse Alto of infringing one of the patents.

    The verdict concerned counterclaims in RJR’s ongoing patent lawsuit over PMI’s IQOS heated-tobacco device. RJR won an order blocking IQOS imports at the U.S. International Trade Commission last November.

    Philip Morris succeeded earlier this year in invalidating parts of some patents RJR accused it of infringing at a U.S. Patent Office tribunal.

    RJR parent company BAT has also sued Philip Morris over IQOS in the United Kingdom, Germany and elsewhere. A PMI filing with the U.S. Securities and Exchange Commission earlier this year said IQOS patent lawsuits and challenges outside of the U.S. have “repeatedly and universally failed.”

    Altria has separately sued Reynolds for patent infringement in North Carolina over the Vuse line.

  • 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.