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USITC Rules in Favor of JUUL in Patent Infringement Case

Feb.05.2025
USITC Rules in Favor of JUUL in Patent Infringement Case
USITC rules against NJOY for e-cigarette patent infringement, issuing import and sales ban in favor of JUUL Labs.

Recently, the United States International Trade Commission (USITC) announced that it had ruled in favor of JUUL Labs in a patent infringement case against NJOY and its parent company Altria Group. The USITC issued a Limited Exclusion Order (LEO) and a Cease and Desist Order (CDO) that prohibit the import and sale of NJOY's infringing products. JUUL stated that the two orders will take effect on March 31, 2025.

 

According to the final ruling of the US International Trade Commission, NJOY has been found to have imported, sold, and distributed certain e-cigarette products in the US that infringe on four US patents owned by JUUL Labs.

 

United States Patent Number 11,134,722 (the '722 patent) — Infringement Claims: Claims 1 and 15.

 

U.S. Patent Number 11,606,981 (the '981 patent) - Infringement claims: Claims 1 and 8.

 

US Patent Number 10,130,123 (the '123 Patent') - Infringement Claims: Item 27 and Item 32.

 

U.S. Patent No. 10,709,173 ('173 Patent) - Infringement Claims: Claims 1 and 4.

 

The US International Trade Commission (USITC) has determined that defendants NJOY and its affiliated companies (NJOY, LLC, NJOY Holdings, Inc., Altria Group, Inc., Altria Group Distribution Company, Altria Client Services LLC) have imported, sold, and distributed infringing products in the US market without authorization, in violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).

 

USITC ruling imposes a limited exclusion order (LEO) on NJOY's infringing products, prohibiting their importation into the United States, and imposes a cease and desist order (CDO) on NJOY and its parent company Altria, restricting their sales of related products in the US market.

 

JUUL Labs and its affiliate VMR Products LLC played a crucial role in this case. Tyler Mace, Chief Legal Officer of Juul Labs, released the following statement:

 

“We are pleased by the ITC’s decision to protect our U.S.-developed innovations against those who seek to import copycat products, principally from China. We welcome fair competition in our mission to switch adult smokers away from combustible cigarettes, but we must protect our valuable intellectual property against the deliberate freeriding on our investments in homegrown U.S. technology. Today’s ruling sends a clear message that this freeriding violates U.S. law and American innovation will be protected.”

 

If there are any further developments, 2Firsts will continue to follow and report on the story.

 

References:
[1] U.S. INTERNATIONAL TRADE COMMISSION PROTECTS JUUL LABS’ AMERICAN PATENTS
[2] NOTICE OF FINAL DETERMINATION FINDING A VIOLATION OF SECTION 337; ISSUANCE OF A LIMITED EXCLUSION ORDER AND CEASE AND DESIST ORDERS; TERMINATION OF INVESTIGATION
Also Read:
[1] Altria Group's NJOY LLC. Wins Lawsuit, Prohibiting 4 Retailers from Selling ELFBAR
[2] Response to Preliminary Ruling on JUUL Labs Patent Infringement
[3] NJOY Plans to Expand to 100,000 Stores by Year-End: FDA Approves First Menthol E-Cigarettes for US Sales
[4] 2FIRSTS Exclusive | With 4 Menthol E-Cigarette Products Approved by FDA, Can NJOY Rest Easy?
[5] Nielsen Report: Vuse Market Share Drops to 41.1%, NJoy Sales Up 8% in Four Weeks
#North America#United States#Open system e-cigarettes#Regulation

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