UPC Court of Appeal refuses to revive VMR’s European vape patent, upholding lack of inventiveness

Key Takeaways

• Court: Unified Patent Court Court of Appeal

• Decision date: Dec. 29, 2025

• Issue: window in outer shell to view cartridge/cartomizer holding vape liquid

• Outcome: no inventive step; amendment attempts rejected

• Patent: EP3456214; challenger NJOY Netherlands BV

2Firsts, January 6, 2026  – According to Law360, an appeals panel at the Unified Patent Court declined to revive a European patent belonging to vape company VMR, upholding a ruling that the blueprint is not inventive over earlier devices.

The UPC Court of Appeal rejected on Dec. 29 an attempt by VMR Products LLC to restore its protections following a challenge from NJOY Netherlands BV. The newly public decision said it was not inventive to add a window to the vape’s outer shell revealing the internal cartridge that holds vape fluid.

The court held that an earlier U.S. patent for an e-cigarette had already laid out a vaping device with all the features of VMR’s patent except for the cartridge window. The decision said a skilled person could develop a vape that allows users to see the cartridge and atomizer mechanism, also known as the cartomizer, based on that earlier patent plus their own general knowledge. The UPC wrote: “The skilled person wishing to provide a vaporizer that facilitates checking the status of the inserted cartomizer, would have considered as a routine adaption the inclusion of a window, a well-known general means for everyday appliances and devices, provided at the obvious place: the cartomizer receiving segment. The result of such a step was readily predictable.”

VMR of San Francisco appealed after NJOY persuaded the UPC Court of First Instance in 2024 to squash its patent for a vaping device on the grounds that the design was not inventive. VMR argued the device enabled users to check the status of the internal cartridge and to inspect certain electrical components inside the device.

The court said there was nothing in the patent to indicate users would stumble upon such a functional use of the window, and pointed out there was “no synergy” between the positioning of the window in the vape’s outer shell and the position of the battery contact points inside the device. The decision said the device solves the problem of allowing users to check the status of the internal cartridge holding fluid that contains nicotine. The UPC added: “The use of this means in the specific technical context is objectively appropriate and there are no circumstances that would make its application appear impossible, problematic or impracticable,” and noted that another earlier patent “provides an electronic cigarette provided with a cartridge level check window.”

The appellate court also rejected VMR’s attempt to rescue its patent with several amendments, ultimately ruling that the blueprint offered no inventive step.

A representative for NJOY declined to comment Monday, and representatives for VMR did not immediately respond to a request for comment. The patent-in-suit was EP3456214.

2Firsts noted that Altria completed its acquisition of NJOY Holdings, Inc. in 2023 for approximately US$2.75 billion and is now its wholly owned parent company. Juul Labs had acquired VMR Products as early as 2018, making it a subsidiary. That same year, Altria acquired a 35% stake in Juul for US$12.8 billion, but fully exited its equity investment in Juul in 2023. At present, Altria fully owns NJOY, Juul’s primary competitor.

Image source: Law360