Marlboro maker seeks import ban on rival’s vape products
Dispute concerns patented e-vaporiser devices | Complaints, filed at the US International Trade Commission and a US district court, mark the latest stage in the duo’s long-running feud.
Marlboro maker Altria and its subsidiary NJOY have launched legal proceedings against JUUL Labs, aiming to secure a ban on JUUL's e-vapour products in the US.
A complaint filed by NJOY with the US International Trade Commission (ITC) seeks to stop the importation and sale of specific JUUL e-vapour offerings, including its signature JUUL device and JUULpods.
The complaint rests on NJOY's assertion that JUUL products unlawfully infringe upon patents concerning electronic nicotine delivery systems (ENDS), owned by NJOY.
“Protecting our IP is critical to achieving our vision,” said Murray Garnick, executive vice president and general counsel at Altria.
“JUUL has infringed upon our patents through the sale of its imported products, and we ask the ITC to impose appropriate remedies in response to these trade violations.”
JUUL Labs commented: “We stand behind our intellectual property and will continue to pursue our infringement claims. “
NJOY's e-cigarette product is designed to resemble a traditional cigarette but is disposable, whereas its e-vapour product is a pod-based vapourised system which includes a reusable, rechargeable electronic component and disposable pod.
A district court lawsuit
Simultaneously, NJOY filed a patent infringement complaint against JUUL at the US District Court for the District of Delaware.
The complaints contend that JUUL's imported offerings, including their JUUL device and pods, infringe upon US patent numbers 11,497,864 and 10,334,881.
These patents, procured by NJOY from Fuma following the resolution of a patent infringement lawsuit, describe electronic vaporiser devices that use cartridges containing a nicotine solution.
NJOY currently offers two commercial product lines, including NJOY Daily—a disposable electronic cigarette, and NJOY ACE—a pod vaporiser device.
NJOY ACE, the product in the dispute, is the only product to have gained marketing authorisation from the US Food and Drug Administration (FDA).
The FDA's endorsement validates the product's alignment with public health priorities.
Smoking guns
This is not the first time JUUL and NJOY have gone head-to-head in a legal dispute.
In June, JUUL and VMR Products collectively filed a patent infringement complaint against NJOY and Altria alleging the infringement of multiple patents related to ENDS tech.
The complaint, filed at the US District Court for the District of Arizona, involved JUULs proprietary technologies covered by US patent numbers: RE49,114; 10,130,123; 10,709,173; 11,134,722; and 11,606,981.
According to the complaint, NJOY allegedly infringed these patents by producing vaporiser devices, cartridges, and associated components that employ the patented technology without authorisation.
JUUL and VMR claimed that NJOY induced and contributed to the infringement of the patents by leveraging its knowledge of the patents and its alleged active promotion of infringing products.
The suit also argued that NJOY contributed to infringement by providing or selling the accused products, even if separately offered as the ACE Device and ACE Pods.
This story has been updated since publication to include comment from JUUL Labs.
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