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Tag: patent infringement

  • European Patent Office Sides with Nicoventures on Vape Dispute

    European Patent Office Sides with Nicoventures on Vape Dispute

    The European Patent Office’s Board of Appeal upheld British American Tobacco subsidiary Nicoventures Trading Ltd.’s vape patent EP3354144, rejecting a challenge by Philip Morris Products S.A., according to Law360. The board found that the patent’s method—activating a heater based on predetermined parameters independent of puff counts—was “inventive.” It also ruled that the patent’s description of vaporization without combustion and general thermal insulation was sufficiently supported by the original filing.

    Additionally, the board clarified that the term “predetermined period of use” referred to a fixed timeframe, not puff duration, distinguishing it from prior patents. All of Philip Morris’s objections were dismissed.

  • Hangsen Sued Over Synthetic Nicotine

    Hangsen Sued Over Synthetic Nicotine

    Photo: Tobacco Reporter archive

    Zanoprima Lifesciences filed a complaint for patent infringement against Hangsen International Group in the U.S. District Court in the Western District of Texas. In its complaint, Zanoprima Lifesciences alleges that Hangsen has violated its patent titled “Process for Making (S)-Nicotine” through Hangsen’s manufacture and importation into the U.S. market of products containing synthetic nicotine that are manufactured using Zanoprima Lifesciences’ process, according to a press release.

    “Over many years, Zanoprima has invested substantial time, resources, intellectual capital and scientific expertise into developing Zanoprima’s groundbreaking enzymatic patented process for synthesizing an (S)-nicotine that is devoid of tobacco-specific nitrosamines and other impurities,” said Ashok Narasimhan, CEO of Zanoprima. “Zanoprima’s legal action reflects our company’s dedication to vigorously protecting our intellectual property in the U.S. and around the world.”

    Zanoprima’s complaint alleges that, after publication of Zanoprima’s patent, Hangsen filed a Chinese patent application describing a process that copied the process invented by Zanoprima. But, as alleged in the complaint, Hangsen’s patent application was rejected by the Chinese Patent Office in June 2021, citing Zanoprima’s patent as prior art. The complaint also alleges Hangsen imports into the U.S. from China and sells products containing “alleged high-purity synthetic (S)-nicotine and nicotine products that are marketed and sold under various names, including as MOTiVO Synthetic S-Nicotine,” and that such imported products “are manufactured by a process that practices every step of claim 1” of the Zanoprima patent.

    In addition to seeking damages for infringement, Zanoprima’s complaint seeks preliminary and permanent injunctive relief to prevent Hangsen from continuing its infringing actions.