Ruling Could End Reynolds’ Vuse Alto Royalty Payments to Altria  

Law360 reported that R.J. Reynolds has secured a potentially significant reduction in the long-term costs associated with its Vuse Alto business, after a North Carolina federal court ruled that a sublicense obtained from Juul Labs ends Reynolds’ obligation to make future patent royalty payments to Altria Client Services. The dispute stems from a 2022 jury decision finding that Vuse Alto infringed three Altria patents, resulting in an approximately $95.2 million damages award. Reynolds was later ordered to pay a 5.25% royalty on positive net sales of the affected products.  

According to Law360, Judge William L. Osteen Jr. found that the Juul sublicense authorized Reynolds’ continued use of the relevant patent rights, eliminating the basis for future infringement royalties. The court rejected Altria’s argument that defects in part of the sublicense invalidated the entire agreement, citing its severability provision. Law360 reported that Altria said potentially “hundreds of millions of dollars” in future royalties were at stake. The ruling does not affect the earlier infringement finding or past damages, but could eliminate Reynolds’ 5.25% royalty payments on future covered Vuse Alto sales.