Juul Labs has filed complaints against Njoy alleging its Njoy Ace e-cigarette device infringes on several of Juul Labs’ patents.
Both complaints were filed on June 30. The first was a request to the U.S. International Trade Commission asking it to block the continued importation and sale of the allegedly violative products in the United States, according to Juul and a docket page on the ITC’s website.
The second was filed in the U.S. District Court for the District of Arizona. Both also name Altria Group Inc., and its subsidiaries Altria Group Distribution Co. and Altria Client Services LLC, as defendants. Altria Group Inc., Richmond, Virginia, announced in March it was dropping its shares in Juul Labs and acquiring NJOY Holdings Inc. for about $2.75 billion.
“Our technology, designed internally and in the U.S. and protected by our robust patent portfolio, has been the most effective product development to transition adult smokers from combustible cigarettes—switching over 2 million adult smokers in this country,” Juul Labs’ Chief Legal Officer Tyler Mace said. “Innovation is critical in this space to advance tobacco harm reduction, and when others infringe on our technology we have no choice but to protect our intellectual-property rights. Just like we have in three prior successful ITC actions that vindicated our company’s IP rights, we intend to reach the same result here.”
The complaint filed in Arizona, where Njoy is based, lists five counts where Juul Labs and its subsidiary VMR Products LLC claim Njoy has infringed on its patents. Juul asks for a jury trial and a permanent injunction preventing Njoy and Altria from making or selling the Njoy Ace product, among other items.
An Altria spokesperson told CSP Daily News, “We believe these claims lack merit and will defend ourselves vigorously.”
Juul Labs Inc. is based in Washington, D.C., while VMR Products LLC is based in San Francisco, according to the complaint. Juul Labs was founded in 2007 and was formerly called Ploom Inc. and Pax Labs Inc. before being renamed to Juul Labs in June 2017, the complaint said. Its electronic cigarette products and pods received an marketing denial order (MDO) from the Food and Drug Administration through the premarket tobacco product application (PMTA) process, which was later stayed pending further review.
Juul continues to invest in innovation to sustain existing products and develop new technologies.
“Our product pipeline remains robust and we continue to pursue future applications for next-generation products to accelerate our mission and progress for the adult smoker, public health and an end to combustible cigarettes,” the company said.
Altria Group in 2018 invested $12.8 billion in Juul Labs. In March 2023, it announced it had exchanged its entire minority economic investment in Juul Labs for a non-exclusive, irrevocable global license to certain of Juul’s heated tobacco intellectual property. The company then acquired Njoy and has said it is focused on accelerating U.S. adult smoker and adult vaper adoption of Njoy Ace.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.