Tag: 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.
May 27, 2021
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.”
May 26, 2021
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.
April 22, 2021
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.
March 23, 2021
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.
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.”
March 7, 2021
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.
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.”
February 18, 2021