China Court Upholds Ruyan Patent on E-Cigs–Orders Others to Destroy Inventory

[Sun Vaporer]

As Reported here:
"In a decision rendered by a court in the People's Republic of China in January of 2009, Ruyan prevailed in a lawsuit against e-Cig, a China-based illicit manufacturer of electronic cigarettes and accessories. As a result of the decision, e-Cig was required to pay compensation to Ruyan for damages, destroy all of its existing stock of inventory and agree to never engage in the electronic cigarette business again. The ruling was the first of what Ruyan expects to be a series of such decisions as it has initiated similar actions against other illegal China-based manufacturers.
I begs the question, will Ryan, with its other court decision pending, try to take over control of the majority of e-cigs distibuted and will this cause a monopoly and a bottleneck in supply? Time will only tell, but from this report, Ryan is in fact trying to take hold of the total market share.
Further noted is the studies that have been conducted on the safety of Ryan’s E-Cig as;

"Over the last four years, several respected independent research institutions have conducted reviews of Ruyan electronic cigarette products, including The Institute of Radiology & Radiation Medicine of the Academy of Military Medical Science of China; The Tianjin Center for Disease Control & Prevention, The Chinese Center for Disease Control & Prevention, and Health New Zealand Ltd. In addition to these safety tests, BJ SBT has conducted over 40 product and components tests with an accredited PONY laboratory for every component used in Ruyan products."-- Sun
See-- http://news.prnewswire.com/DisplayR...STORY=/www/story/02-23-2009/0004976920&EDATE=

 

[Oliver]

Uh oh. Bad news methinks....

 

[Cuando]

Doesn't sound like good news, that's for sure.

 

[Catman51]

Yeah, this might not be real good for us, or resellers!

 

[surbitonPete]

I can see us all back on analogues because we won't be able to get enough atomizers

 

[Smokin]

Perhaps this begs the question, is the supply shortage we are all experiencing solely down to increased demand and Chinese New Year or have other producers already been hit?

 

[Rorschach]

This is of great concern. But they did invest all the money in tests while others reference their test.

 

[SupplierX]

Everyone needs to relax. Here is the link to e-cigchina:
EcigChina.Com,Fuyan,Ruyan,Electronic Cigarette,E-Cigarette,China Wholesale Retail, dropship - Catalog

If you notice the only product that has been removed is the penstyle. Ruyan hold a patent for this variety of e-cig. Not to mention, before this ruling they were involking the name "Ruyan" on their site.
So if you are an e-cigar or penstyle user you might have a little to worry about, but not really.

Notice the use of the word "Ruyan" in the link

 

[Vince1]

I'm sure Ruyan will see this as what it is for them, a chance to make money. More then likely they have already stepped up production in anticipation of the extra business they are bound to receive as a result of this ruling. The Chinese are crafty like that, and pretty good at the business of doing business.

 

[Illuminus007]

Everyone needs to relax. Here is the link to e-cigchina:
EcigChina.Com,Fuyan,Ruyan,Electronic Cigarette,E-Cigarette,China Wholesale Retail, dropship - Catalog

If you notice the only product that has been removed is the penstyle. Ruyan hold a patent for this variety of e-cig. Not to mention, before this ruling they were involking the name "Ruyan" on their site.
So if you are an e-cigar or penstyle user you might have a little to worry about, but not really.

Notice the use of the word "Ruyan" in the link

I hope you're right, because if they are allowed a monopoly on E-cigs we'll all be in deep doo-doo.

I did notice that the v9 look alike and the e-cigar are both removed from their site, but other products are still available. *crosses fingers and hopes for the best*

 

[surbitonPete]

But doesn't it say that Ruyan invented the atomizer technology.....so the only one who can make atomizers is Ruyan...that must be going to have a huge effect.

 

[Sun Vaporer]

Everyone needs to relax. Here is the link to e-cigchina:
EcigChina.Com,Fuyan,Ruyan,Electronic Cigarette,E-Cigarette,China Wholesale Retail, dropship - Catalog

If you notice the only product that has been removed is the penstyle. Ruyan hold a patent for this variety of e-cig. Not to mention, before this ruling they were involking the name "Ruyan" on their site.
So if you are an e-cigar or penstyle user you might have a little to worry about, but not really.

Notice the use of the word "Ruyan" in the link

Taley--That is not what I have been reading at all. Ryan claims, and the court agreed that the atomization processs is theirs and there are many other patent infrigment cases it is pursuing-- I have read the full opinion of the China Court translated and the court clearly states that it is the process and not the design of the atomizer that Ryan owns--not the style---so IMO they are going after those that infringe on their process--and the Court agreed--Sun

 

[SupplierX]

You cannot patent a concept. Look at the Mp3 player. The concept is the same, a portable device that plays music files, but all of the designs are different. All that is required is a slight design modification, otherwise there would be no reason for patents to be made public. Read the US constitution regarding patent law, the purpose of patents is to drive innovation. Patents are made public for the sole purpose of driving inventors to improve on allready existing technology. Now, if you own multiple e-cigs, you will see that the atomizers are all slightly different from one another. I know that what I have just said will be picked apart, but the reality is the only ones that need to worry is the suppliers.

 

[robw]

I love how This happened in China which is the worst at protecting trademark and copyright laws world wide.

 

[Sun Vaporer]

You cannot patent a concept. Look at the Mp3 player. The concept is the same, a portable device that plays music files, but all of the designs are different.

Taley--what is at issue here goes to method and design--not "concept" The court noted that the atomizer heating the liquid in the cartridge was in fact a property right held by and owned by Ryan. That is what Intellectual Property Law is all about--Sun

 

[SupplierX]

Well then I guess we are screwed. Not really any point in arguing. Everyone knows it all.

 

[RjG]

Everyone needs to relax. Here is the link to e-cigchina:
EcigChina.Com,Fuyan,Ruyan,Electronic Cigarette,E-Cigarette,China Wholesale Retail, dropship - Catalog
...

As Reported here:
"In a decision rendered by a court in the People's Republic of China in January of 2009, Ruyan prevailed in a lawsuit against e-Cig, a China-based illicit manufacturer of electronic cigarettes and accessories. As a result of the decision, e-Cig...

I'm confused...
They won a lawsuit against ecigchina.com, or E-Cig.com?
The article just states e-Cig (Cixi E-CIG?)

But the link just posted from taleywhacker, ecigChina.com (EcigChina International Co) - I've seen that place before, lots of Ruyan BRANDED stuff for cheap.
They even state "full range of patented ORIGINAL RUYAN products"
Now if thats all FAKE knockoffs of Ruyan products - with Ruyan branding - well this all makes much more sense now.

Does anyone have more info than the single article quoted?

 

[Sun Vaporer]

Well then I guess we are screwed. Not really any point in arguing. Everyone knows it all.

Taley--not at all-just reporting what the Court held. I hope they find away around it --maybe manufacture in another Country that does not reckonize China Law--who knows. All I know is every day there is more bad news on the door step about our devices--the one good point of this story is the Saftey reports that Ryan has done--I thought there was only one, but as reported here there are several and they are on going--So this means more of ammo with the FDA--maybe--a big maybe--Sun

 

[Sun Vaporer]

I'm confused...
They won a lawsuit against ecigchina.com, or E-Cig.com?
The article just states e-Cig (Cixi E-CIG?)

But the link just posted from taleywhacker, ecigChina.com (EcigChina International Co) - I've seen that place before, lots of Ruyan BRANDED stuff for cheap.
They even state "full range of patented ORIGINAL RUYAN products"
Now if thats all FAKE knockoffs of Ruyan products - with Ruyan branding - well this all makes much more sense now.

Does anyone have more info than the single article quoted?

RJG--- This is the first report out of the High Court in China and it make it very clear that they are going to uphold Ruyan's claim that they invented the atomization method used in all atomizers and that anyone else that tries to infinge upon that ownership right will be shut down and pay damages to Ruyan. The burden is always on Ruyan to file suit against anyone infringing on their now enumerated right of ownership--and as the article notes--Ruyan has many suits in the Courts--this is just the first one that the Court actually comes out and clearly states that Ruyan owns the atomization method used in e-cigs--Sun

 

[Nuck]

There are many ways to atomize liquid. I'm sure the brands that are in violation of the patent will adapt quickly. I do find the irony of a Chinese court protecting a copyright to be pretty damn funny.