Philip Morris International was awarded $10.7 million by a jury in Alexandria, Virginia on Wednesday after finding rival R.J. Reynolds Vapor Co’s Vuse e-cigarettes violate its patent rights.
The federal court jury said RJR’s Vuse Solo and Alto devices infringe two Philip Morris patents covering parts of a vaping device for heating substances and preventing leaks. The case is part of multi-front patent dispute between Philip Morris and RJR parent company BAT.
A spokesperson for Winston-Salem, N.C.-based RJR said the company was disappointed by the infringement findings and said it may appeal, but was pleased that the jury cleared its Vuse Alto of infringing one of the patents, according to Reuters.
A Philip Morris spokesperson said the company was “grateful” for the verdict, which “rejects an attempt by BAT to free-ride on our hard work and investment.”
RJR’s Vuse line is one of the two top-selling e-cigarette brands in the United States, along with Juul. The Tuesday verdict concerned counterclaims in RJR’s ongoing patent lawsuit over Philip Morris’ IQOS heated-tobacco device, which is on hold.
The Blinc Group has been issued a patent for its revolutionary The Ring System. The regulatory-focused designer and provider of premium customized vaporizer technologies received patent No. 11116251 from the U.S. Patent and Trademarks Office for the technology that is designed “to save brands thousands in lost inventory” and give consumers “peace of mind and clarity in their vape product experience,” the firm stated in a press release on Tuesday.
“Cannabis businesses have been struggling to maintain the proper amount of inventory in the vape space while also keeping their customers informed of what’s in their product,” said Sasha Aksenov, co-founder and chief innovation officer of The Blinc Group. “Companies shell out thousands of dollars for packaging and fill their cartridges with a specific cultivar to shortly find out that it’s not selling as expected. They are left with huge losses in branded hardware, but our Ring System allows the brands and licensed producers to label their products on demand during production, and, if they have to – pivot and relabel for pennies, not dollars.”
The Ring System consists of two bands one at the base of the mouthpiece or “top” and the other at the base of the cartridge – Top Ring and Base Ring. Before capping a compatible “Powered by Blinc” cartridge or disposable, operators can snap the Top Ring onto the mouthpiece of the cartridge with the strain name. The ring is also easily removed if the strain is not being sold or brands decide to pivot on the formulation or experience.
Arnaud Dumas de Rauly / Credit: The Blinc Group
“At the Blinc Group we strive every day to promote innovation, quality, safety, and integrity in every one of our products, the Ring System is no different. It is imperative that the entire industry take those goals to heart,” said Arnaud Dumas de Rauly, co-founder & CEO of The Blinc Group. “Consumers need to know what’s in their cartridges at all times and for this industry to thrive companies need to be able to increase their productivity and flexibility, without spending huge amounts of working capital on an unsold inventory. There are enough hurdles in the cannabis space, what’s in your vape cartridge shouldn’t be one of them.”
Headquartered in New York City, The Blinc Group designs, develops, supplies, and supports premium cannabis vaping hardware. The company offers a curated collection of proven cartridges, batteries, ready to use vaporizers, and complete bespoke device development to major multi-state operators, licensed producers, and 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.
A Philip Morris International Inc. affiliate has earned two federal patent victories involving its heat-not-burn (HnB) technology dispute with Reynolds American Inc (RAI). A three-judge panel of the federal Patent Trial and Appeal Board said Wednesday it had determined as unpatentable all RAI Strategic Holdings Inc. claims for the “915” patent and claims 1 through 12 and 18 through 30 for the “542” patent.
Credit: Bill Oxford
The “915” patent “relates to smoking articles that employ an electrical heating element and an electrical power source to provide an inhalable substance in a vapor or aerosol form, without substantially burning or completely burning tobacco or other substances,” according to JournalNow.
Meanwhile, the “542” patent “is directed to articles wherein tobacco, a tobacco derived material or other material is heated, preferably without significant combustion, to provide an inhalable substance … in a vapor or aerosol form.” The “542” patent is designed to create improvements and alternatives to “provide the sensations associated with cigarette, cigar, or pipe smoking, without delivering considerable quantities of incomplete combustion and pyrolysis products.”
In both cases, the decisions are the final word from the board. However, those decisions can be appealed for review to the U.S. Court of Appeals for the Federal Circuit, which RAI has indicated it will pursue. According to federal law, a claim is unpatentable if “the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.”
PHD Marketing has agreed to pay VPR Brands $85,000 to settle an intellectual property dispute. As part of the deal, VPR Brands has granted PHD a nonexclusive, non-assignable license to practice the invention set forth in the patent.
This U.S. patent includes 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 most auto-draw, e-cigarettes, cigalikes, pod devices and vaporizers using an airflow sensor rather than a button.
VPR previously filed a lawsuit in the U.S. District Court for the Central District of California alleging patent infringement of U.S. Patent by PHD.
“I want to once again thank our legal team at SRIPLAW for their hard work and diligence in settling this matter,” said VPR CEO Brands Kevin Frija in a statement. “It is a Win-Win for All parties when a dispute can be settled ahead of trial.”
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.”
VPR Brands has settled a patent lawsuit that applies to technology used by numerous e-cigarette manufacturers. The 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. The sensor turns the battery on and off, and covers most auto-draw, button less e-cigarettes, cigalikes, pod devices and vaporizers using an airflow sensor rather than a button.
The technology is covered under electronic cigarette utility patent US 8205622. The lawsuit, filed on May 3, 2021 in the Florida Southern District Court, VPR Brands, LP v. HQDTech USA LLC and NEPA 2 Wholesale, LLC was settled with both defendants for a total sum greater than $275,000 to be paid to VPR Brands. In addition, pursuant to the terms of the settlement agreement, VPR Brands agreed to license the patent and related patents and applications to NEPA and some of its affiliates.
“I want to thank our legal team at SRIPL Law for their hard work and diligence in settling this matter, they have been preparing to go to court and litigate on our behalf for the better of 2 years now and preparation is key in negotiating and settling any dispute,” stated Kevin Frija, CEO of VPR Brands in a press release. “Ultimately it is a win-win for all parties when a dispute can be settled ahead of trial, but you must be prepared to take it all the way and the litigation team at SRIP Law is ready, willing and able to go the distance if needed and that is what counts when protecting intellectual property.”
Florida-based VPR Brands VPR Brands is a manufacturer of electronic cigarettes and vaporizers for nicotine, cannabis and cannabidiol (CBD). Its assets include issuing U.S. and Chinese patents for atomization-related products including technology for medical marijuana, hemp, and electronic cigarette products and components as well as lighters. The company is also engaged in product development, according to the release.
R.J. Reynolds (RJR) has settled an e-cigarette manufacturer’s claims that Reynold’s Vuse products infringed on the manufacturer’s e-cigarette patents. RJR, a BAT subsidiary, settled the suit just four days before the trial was slated to begin, according to a Thursday filing in North Carolina federal court.
Credit: MD3D
U.S. District Judge Catherine Eagles found in May that RJR’s products infringed parts of two Fuma International’s patents. A jury in Greensboro, N.C., was set to consider on Monday whether RJR infringed additional parts of one of the patents, whether the patents were valid, and what damages RJR owed, among other things, according to Reuters.
Fuma sued Winston-Salem, N.C.-based RJR in 2019 for infringing patents related to an e-cigarette design with a cartridge and power source. The complaint said RJR copied Medina, Ohio-based Fuma’s design after meeting with Fuma about its e-cigarette technology in 2010.
Fuma was asking for up to $135 million in damages, according to court filings.
Vuse is one of the most popular e-cigarette brands in the country. RJR introduced the Vuse Solo in 2013 and the Vuse Ciro in 2017. The U.S. Food and Drug Administration gave RJR permission to market Solo in October, its first-ever authorization for a vaping product.
The tobacco giant argued the relevant parts of the patents were invalid based on prior art that disclosed the same design, according to Reuters. Details of the settlement weren’t immediately available.
A new patent will be issued tomorrow to Healthier Choices Management Corp. (HCMC) for a e-cigarette cartridge. U.S. Patent No. 11,064,732, Electronic Vaporizer Cartridge with Encased Heat Source, encompasses novel HCMC technology directed at a vaporizer cartridge with internal components encased in a non-reactive material such as quartz, ceramic or the like.
Credit: Olivier le Moal
The design avoids a potentially toxic reaction between e-liquid, cannabis or CBD oils, or other substances, and the heated metal components of the cartridge. The patent grant expands HCMC’s portfolio of patent assets that promote a healthier way to vape, according to a press release.
“The issuance of this patent is significant in our attempts to make vaping safer. Essentially, this patent is technologically the reverse process of our previously issued patents for our Q-Cup technology,” said Jeff Holman, CEO of HCMC. “Studies have shown that liquids and oils can act as solvents when they sit in direct contact with a metal coil, thereby leeching out heavy metals which can then be ingested during the vaping process. This breakthrough technology has the potential to completely eliminate this problem.”
The design is similar to how a light bulb works. A light bulb has a metal filament inside, but a consumer can only touch the outer glass, which gets hot from the heat of the filament. Similarly, the metal coil being encased in a quartz “bulb” prevents the liquid or oil from coming in direct contact with, or “touching” the metal coil, according to the release. The metal coil heats the quartz, the substance is in contact with the heated quartz, and the vapor is produced without the substance ever touching the metal coil directly.
“While there have been several advances in vape cartridges through the years, most of them have focused on what I will call ‘bells and whistles,’ like controlling device functions from an app. As a result, some of the best vaping cartridges on the market, for both e-liquid and cannabis oil, still have an antiquated exposed metal coil and wicking system at their cores,” explained Holman. “[HCMC] is now exploring our options with regards to producing and distributing these bulb cartridges, or partnering with existing manufacturers that would benefit from providing a potentially groundbreaking and safer cartridge to their customers.”
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.”
