Altria announced on its official website that its subsidiary NJOY has filed a patent infringement lawsuit against JUUL LAB, requesting the US International Trad...
On August 22, Altria announced on its official website that its subsidiary NJOY had filed a patent infringement lawsuit against JUUL LAB, requesting the US International Trade Commission (ITC) to ban the import and sale of certain JUUL electronic cigarette products, including its Currently selling JUUL devices and pods.
NJOY launches lawsuit against JUUL
Murray Garnick, executive vice president and general counsel of Altria Group, said:
"Protecting our intellectual property rights is critical to realizing our vision. JUUL violated our patent rights by selling imported products, and we ask the ITC to take appropriate remedies for these trade violations."
NJOY also filed a patent infringement lawsuit against JUUL in federal court for the District of Delaware based on the same patent infringement allegations.
NJOY’s ACE e-cigarette is the only cartridge-based e-cigarette product that has been authorized by the US Food and Drug Administration (FDA). The FDA believes that the ACE device and three ACE tobacco-flavored Pods are “suitable for protecting public health.”
It is reported that NJOY's ITC lawsuit alleges that JUUL infringes U.S. Patent No. 11,497,864 and U.S. Patent No. 10,334,881 (collectively, the "Alleged Patents"), which were obtained by NJOY from Fuma International, LLC, and the patents filed by Fuma against NJOY The settlement of the infringement lawsuit proceeded concurrently.
The parties have litigated against each other
On June 30, JUUL issued a press release on its official website stating that it had filed a complaint against NJOY with the U.S. International Trade Commission (ITC) and the U.S. District Court of Arizona. According to the complaint, NJOY Ace, a product of NJOY, infringes multiple patents of JUUL, and ITC should prevent NJOY’s illegal products from continuing to be imported and sold in the United States.
The name of the patent involved in the incident was not mentioned in JUUL's press release. According to LAW360 information, JUUL and VMR Products (a subsidiary of JUUL) accused NJOY of infringing "five patents related to the 'JUULpod' pod."
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