Federal Judge Rejects PMI's Request to Ban Vuse Sales

Apr.11.2023
Federal Judge Rejects PMI's Request to Ban Vuse Sales
US judge denies PMI's request to ban Reynolds from selling Vuse e-cigarettes, orders patent fees instead.

On April 10th, a federal judge in Virginia rejected PMI's request for a permanent injunction to prevent Reynolds from selling Vuse e-cigarettes, as PMI alleges Reynolds has infringed upon its patent.


The judge stated in their ruling that prohibiting electronic smoking devices would harm public health.


Renault must pay PMI patent fees.


Judge Leonie Brinkema in the Eastern District of Virginia has ordered Renault to pay patent royalties of 1.8% of net sales for infringing on patents used in Vuse Altopod, and 2.2% of net sales for infringing on patents used in Vuse Solo G2pod.


The patent fee will be enforced throughout the remaining term of the patent and paid on a quarterly basis.


PMI has stated that if the permanent ban is not approved, they will request a patent fee of 33.5% for Altopod and 3.75% for Solo G2pod.


These patent fees are additional costs awarded by a jury ruling in 2022, totaling $10.91 million for Alto's infringement and $3.16 million for Solo G2's infringement.


According to Nielsen's latest convenience store sales report for tobacco products, Vuse is the best-selling brand with a market share of 42.2%, followed by Juul with 26.1%.


Reference materials/sources:


A judge has ruled that Reynolds is permitted to continue selling their product, Vuse.


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