On June 30th, JUUL issued a press release on its official website, stating that it has filed a complaint against NJOY with the US International Trade Commission (ITC) and the Arizona State Court. The complaint alleges that NJOY's product, NJOY Ace, infringes on multiple patents owned by JUUL, and requests that the ITC intervenes to halt the import and sale of NJOY's infringing products in the United States.
The press release from JUUL does not mention the specific names of the patents involved in this incident. According to information from LAW360, JUUL and its subsidiary company, VMR Products, have accused NJOY of infringing on five patents related to the JUUL pod.
According to public information from the ITC, case number 3685, this incident involves certain vaporizer devices, pods, and related components. The defendants in this case are NJOY, LLC (based in Phoenix, Arizona), NJOY Holdings, Inc. (based in Scottsdale, Arizona), Altria Group (based in Richmond, Virginia), Altria Group Distribution Company (based in Richmond, Virginia), and Altria Client Services LLC (based in Richmond, Virginia).
JUUL announced in a press release that this is their fourth lawsuit filed through ITC. The previous three cases involved counterfeit and unauthorized compatible product manufacturers, all of which were successful.
The NJOY Ace is a pod system similar to JUUL, designed for use with pre-filled pods containing nicotine. However, unlike JUUL, the NJOY Ace has received marketing authorization from the U.S. Food and Drug Administration (FDA) for its three tobacco-flavored pods.
On March 3rd of this year, Altria announced the formal conclusion of its investment in JUUL and on March 6th, it acquired NJOY, a company with FDA marketing authorization, for $2.75 billion.
References:
[1]JUUL LABS FILES PATENT INFRINGEMENT ACTIONS AGAINST NJOY ACE VAPOR PRODUCTS
[2]Juul Asks ITC To Block Altria Vape Imports Over Patents
[3]Pod Wars! Juul Sues NJOY for Patent Infringement
[4]DOCKET NUMBER 3685
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