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

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skex

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This is troubling. Mainly because most of what people keep talking about regarding patent law pertains to U.S intellectual property law not Chinese. Unless there is a chinese lawyer posting here the truth is we don't know how their courts are going to interpret things. They may have no problems what so ever deciding that Ruyan can patent the concept of inhalling vaporized Nicotine and of course since there isn't really any manufacturing base anywhere else in the world we'll be looking at a supply problem.
Hell it may have less to do with the Law over there and more to do with who knows who and who can pay the biggest bribe.

Since they've been banned in Mexico (does that only apply to imports?) that removes another manufacturing base. Guess it's time to stock up on atomizers.
 

scottro

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This is troubling. Mainly because most of what people keep talking about regarding patent law pertains to U.S intellectual property law not Chinese. Unless there is a chinese lawyer posting here the truth is we don't know how their courts are going to interpret things.

Exactly! I don't see how US patent law even comes into effect here. This is all in china.

Now my personal concern is the effect these lawsuits might have on my style of choice, the V9 and compatible brands (GreenSmoke, Red Dragon, Bloog, Smoke 51, etc.) that use the two-part technology with the atomizer/cartridge as one piece. I've placed two orders in the last two days (Bloog for carts, Red Dragon for batteries and carts), and both told me that the carts that I ordered are out of stock.

I'm a bit worried.
 

MonkeyMonk

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Feb 17, 2009
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Normally, I'm a worrier, but on this one, I'm not worried. There are a lot of smart people in this forum. One made a screwdriver e-vapor device and one that looked like a pill bottle smoking device (Please forgive me for not remembering your names). And, we got recipies here, too.

Someone here will be smart enough to find or figure something out. :D (BTW has anyone electrical smashed or looked into those plug in the wall fragrance devices? What do their atomizers look like... they last a hell of a lot longer than our do... I'm serious, I was thinking about breaking mine apart just to see if I could recognize the atomizer...:p)
 

smokingclam

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Cixi e-cig say that they are still free to make ecigs and that there are lies being banded around by Ruyann. Each has a webpage with their side of things. Sorry I could not provide links, I have not made the requesit number of posts to do so lol
Here is a link to a page that I think mrl is referring to if anyone is interested....Electronic Smoking Cigarette Official Site -

If true this is much better news!
 
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Sun Vaporer

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This is troubling. Mainly because most of what people keep talking about regarding patent law pertains to U.S intellectual property law not Chinese. Unless there is a chinese lawyer posting here the truth is we don't know how their courts are going to interpret things. .


The Article in and of itself explained what the Court in China held and what China law mandates now for China manufactures. Ruyan"s claim to hold a property rights is now vested in China and any China manufactuer is forclosed from making or distibuting Ruyan's advent in China. This has nothing to do with U.S. intellectual and property law for now. There are no manufactures of the Device in the US and that was not what the article is about. But this further report here shows that Ruyan has made its applications in many Countries and we shall have to wait and see what happens. As for now, this issue unfortunatly does not help us because our devices are being manufactured in China under China jusrisdiction --See this further update reported by Ruyan USA----Sun


See--LEGAL MATTERS
Ruyan America Inc., Minneapolis, said that its China-based joint venture partner, Ruyan Group Holdings, has successfully asserted its intellectual property rights to the essential technology and design of the electronic cigarette in a recent legal proceeding in China. In a Chinese court in January, 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 its existing inventory and agree to never again engage in the electronic cigarette business. 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. --- Company news
 
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Ethan_Janty

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Originally Posted by deewal
What i find strange about this is, if Ruyan are such a Big Company why do they only employ 1 guy called Jeff in the US and 1 guy called Ludo in Europe ?
I mean what's the point of having a the Sole Right to sell these things and not employing enough people to make them work correctly, have the Quality Control that is required and the ability to actually sell them.(" Jeff's on holiday for 3 days playing with his band, Ludo's pretty busy at the moment")


Wow!!! I really wish that I was musically inclined enough to play in a band. That sounds like a good time though.

Neither Ludo or I work for Ruyan by the way.



They work for Ruyan???
 

wv2win

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I hope someone in the West picks up an Atomiser and copies it and sells it and tells the Chinese to F**k off, the same as China told Bill Gates when he complained that 80% of Windows in China were illegal copies.
btw What brand of Hoover do you use ?

Couldn't agree more. The Chinese government could care less about patent infringement or copy rights and especially individual rights. We have to live with them because they are the "big elephant" in the corner of the room. But let's don't confuse who or what they are.
 

dc2k08

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Here is a link to a page that I think mrl is referring to if anyone is interested....Electronic Smoking Cigarette Official Site -

E-cig.com knew nothing about this press release when I wrote to them today asking them if my order would still be shipped considering that they had been ordered to destroy all their inventory..

"Where did you read that we will destroy all our inventory?" they asked

so I pointed them to the websites and they put that official rebuke up within an hour, San Han personally responded to me and thanked me for alerting him to it. He even said he was going to chuck in a free new e-cig kit for a gift.

So thanks for getting me a free kit Ruyan.

I also wrote to the address at the bottom of the press release about the matter..no response as yet.
 
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SupplierX

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Dec 5, 2008
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www.VaprEcig.com
Terrible Lie: We Are Closed?!
Right now, there is big news from some company announcing that E-Cig is an illicit manufacturer of electronic cigarettes and accessories and has been ordered by the court to destroy all of its existing stock of inventory and agree to never engage in the electronic cigarette business again.
E-Cig has made E-Cigar and E-Pipe at the beginning with the similar technology as Ruyan. The technology applied in the E-Cigar and E-Pipe was so bad so that E-Cig had to invent the new technology with the other manufacturer to meet the market needs. The E-Cig atomizing technology and it's products have been innovated a lot since the first generation of the electronic cigarette.
It is true that Ruyan made a lawsuit against E-Cig for the Infringement for the Ruyan's patent No. 200420031182,0. The court has thoroughly examined the case and made finally the following decisions, on 20th January 2009, which have been agreed by the both parties E-Cig and Ruyan:
1. E-Cig has made E-Cigar and E-Pipe before using the similar technology as Ruyan, should stop to produce the E-Cigar and E-Pipe products and destroy the existing stock of inventory for the E-Cigar and E-Pipe products.
2. E-Cig pays RMB¥100,000 (equivalent to only $14,600 US Dollars) compensation to Ruyan for the damages.
3. All the other E-Cig products, such as E-Cigarette, E-Cigarillo, E-MiniCig, E-Cig E8, E-Cig E9, USB-eCig U8, USB-eCig U9, USB-eCig U9m etc. are using it's own new technology actually. There is no Infringement for the Ruyan's patent No. 200420031182,0.
4. The both parts agree to do not make any announcement in any news or advertisement with wrongful mispresentation of the court decision for the business purpose.
For some ulterior selfish motives, Ruyan has violated the court decision and the agreement. From Ruyan announcement, E-Cig is an illicit manufacturer of electronic cigarettes and accessories and has been ordered by the court to destroy all of its existing stock of inventory and agree to never engage in the electronic cigarette business again. Now, it is now believed in the world that E-Cig would be closed. We understand very well some people were really dreaming that E-Cig would be out of the business so that they could monopolize the electronic cigarette market with the outdated technology.

By providing constant innovation and highly competitively-priced products, E-Cig has become the world's #1 choice for the electronic cigarette products; E-Cig.com has become the world largest B to C and B to B commercial website for the electronic cigarette products. Ruyan can not monopolize and control the electronic cigarette market any more.

For developing the E-Cig products, we have the Patents: 2006301649379, 2006301649383, ZL2006 2 0135072.8, ZL2005 2 0031712.6 and applied the patents with the patent pending number: 200620119250.8, 200620167599.9, 200820005536.2, 200510017951.0, and 200710054948.5. Our comprehensive products which represent the new generation of electronic cigarette products are completely different from Ruyan products from the inside structure to the outside looking. We will continuously do our best to provide the constant innovation.

We will never be closed. On the contrary, we have cleared the garbage products which could not meet the market needs, and concentrate now on our own new products; and we will be growing much quicker and quicker again.

We will never be closed. On the contrary, we have cleared the important obstacle which stood before our path, and concentrate now on our own new way; and we will be developing much bigger and bigger again.
We have never agreed or claimed that we would never engage in the electronic cigarette business again. On the contrary, we will engage in the electronic cigarette business FOREVER ......
 

deewal

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Wow!!! I really wish that I was musically inclined enough to play in a band. That sounds like a good time though.

Neither Ludo or I work for Ruyan by the way.

Sorry it's Harry in Europe who's in a band. This from Ludo in the Suppliers Forum ..
Harry in Europe is celebrating Carnaval till Wednesday (he plays in a carnaval band)... he will be back to normal from Thursday onwards.
So customer's in Europe have to wait 'till Harry gets back from boogying before they get their orders filled.
Well at least Janty have now got three Employees instead of the two that i thought.
 
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