The ITC ruled that NJOY infringed JUUL patents: Some e-cigarette products were banned in April

The ITC ruled that NJOY infringed JUUL patents: Some e-cigarette products were banned in April

The US International Trade Commission ruled that NJOY and its parent company Altria infringed a number of JUUL Labs' e-cigarette-related patents, and banned the import and sale of NJOY's infringing products, which is scheduled to take effect on March 31, 2025.

Recently, the United States International Trade Commission (USITC) announced that NJOY and its parent company Altria Group infringed a number of JUUL Labs e-cigarette-related patents, and issued a limited exclusion order (LEO) and injunction order (CDO). Prohibit the import and sale of NJOY related infringing products. A JUUL statement said both bans are scheduled to take effect on March 31, 2025.

According to the USITC's final ruling, some of NJOY's e-cigarette products imported, sold, and distributed in the United States infringed four U.S. patents owned by JUUL Labs:

U.S. Patent No. 11,134,722 (' 722 Patent) - Infringement Provisions: Items 1 and 15

U.S. Patent No. 11,606,981 (' 981 Patent) - Infringement Provisions: Items 1 and 8

U.S. Patent No. 10,130,123 (' 123 Patent) - Infringement Provisions: Items 27 and 32

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

The USITC found that defendant NJOY and its affiliates (NJOY, LLC, NJOY Holdings, Inc., Altria Group, Inc., Altria Group Distribution Company, Altria Client Services LLC imported, sold, and distributed infringing products in the United States market without authorization, in violation of Section 337 of the Customs Act of 1930 (19 U.S.C. 1337).

The USITC ordered a Limited exclusion Order (LEO) against infringing products related to NJOY, prohibiting their continued importation into the United States, and a restraining order (CDO) against NJOY and its parent company Altria, restricting their sale of related products in the United States market.

JUUL Labs and its partner company, VMR Products LLC, played a key role in the case. Tyler Mace, chief legal officer of Juul Labs, issued the following statement:

"We are pleased to see the ITC's decision to protect the innovative products we develop in the United States from those who seek to import counterfeit products, primarily from China." We welcome fair competition to fulfill our mission of keeping adult smokers away from combustible smoke, but we must protect our valuable intellectual property from willful free-riders and let us invest in American homegrown technology. Today's ruling sends a clear message that such free-riding violates U.S. law and that American innovation will be protected."

"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."

2Firsts will keep you posted on the latest developments.