Dragonite (formerly Ruyan) v US lawsuit

[dskarpus]

Patent owner to sue in US over e-cigarette rights

 

[bassthumper]

Okay.... I don't get this

So who are they taking action against? All the companies in the US???

Who's getting sued??? njoy? Smoking Everywhere?

 

[Petrodus]

This doesn't make any sense

A lawsuit involving E-cigarettes set to begin today
and this is the first we have heard about it??

 

[Nightseer]

Wierd-I thought all major ecig brands were china-made anyway.......

 

[t9c]

And this from the article:

Dragonite International, formerly Ruyan Group (Holdings), intends to take legal action against all the major e-cigarette manufacturers and distributors in the US.

I can see distributors, but manufacturers? Are they going after mod makers?
They oughta be looking in their own backyard first.

 

[kristin]

This has been ongoing, just not in the U.S. yet: http://www.e-cigarette-forum.com/fo...t-e-cigs-orders-others-destroy-inventory.html

"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 believe sellers in England got sent letters last year, too.

Edit: Found the thread: http://www.e-cigarette-forum.com/fo...ustry-looming-patent-infringement-threat.html

 

[t9c]

Yes, you are right Kristin. Their website lists 3 illicit copy-catters vanquished so far.

 

[maxx]

Hmmmm.....let Njoy and SE fight the expensive legal battle to clear the way for e-cigs and then sue for control of the US market. Pretty shrewd.....

 

[kristin]

Hmmmm.....let Njoy and SE fight the expensive legal battle to clear the way for e-cigs and then sue for control of the US market. Pretty shrewd.....

And they repay them with this press release on 10/2009:

Ruyan Applauds FDA’s concern for safety of electronic cigarettes and cartridges
Samples of two copycat brands’ electronic cigarettes found to have detectable levels of carcinogens

BJ SBT RUYAN Technology & Development Co., Ltd (RUYAN), the inventor of electronic cigarettes, hailed the United States Food and Drug Administration’s (FDA) recent warning against unsafe and untested electronic cigarettes. The FDA recently tested the products of two US-based copycat brands’ electronic cigarettes and found detectable levels of carcinogens in both brands. Hon Lik, the Vice Chairman of BJ SBT and Ruyan Group (Holdings) Ltd and the inventor of the electronic cigarette, praised the FDA for vigilantly protecting consumer safety. “Ruyan invented the electronic cigarette to address the smoking pandemic – people all over the world are literally choking on the smoke produced by traditional cigarettes. As the inventor of the electronic cigarette, we are thoroughly committed to a long-term vision and to providing a product to adult smokers that is free of the dangers of the 4,000 chemicals released in the burning of traditional cigarettes.”

 

[Bill Godshall]

Several years ago Ruyan sued NJOY for this same reason (and I believe Ruyan either sued or threatened to sue several other large e-cigarette companies in the US as well), but quickly withdrew their suit against NJOY after it gave Ruyan some money.

But I'm not aware of any e-cigarette patent court rulings in the US, which I think would be difficult for Ruyan to win (as these products have evolved dramatically in the past six or seven years). Its comparable to Henry Ford suing all other car manfucturers a century ago claiming that all of Ford's competitors violated Ford's patent for the Model T, or Thomas Edison suing all other light bulb manufacturers for violating Edison's original patent.

Seems like the primary business plan of Dragonite (which contracted with Ruyan America to exclusively market its products in the US, but Ruyan America stopped selling e-cigs in the US back in Sept 2009 because the didn't want hassles with FDA) in the US and UK is to continue trying to shaking down other e-cigarette companies for money, and then dropping their litigation if they get some money.

I'd like to see one of these patent lawsuits (if Dragonite actually files them, as recently they've just been publicly threatening to file lawsuits) be adjudicated by the US patent courts, as that would either end Dragonite's lawsuit threats and shakedowns of competitors, or else it would provide other e-cigarette entrepreneurs with information on how to avoid infringing upon Dragonite's patent (which I believe was applied for in the US, but to my knowledge hasn't been approved).

 

[maxx]

For the Star Trek fans....a Klingon proverb, "Only a fool fights in a burning house."

So the fact that Ruyan wants to fight for control of the US market...this means the future of e-cigs must be to some extent or another....assured. So if there is anything to be garnered from the news of such a lawsuit....it's that e-cigs have gotten over enough major hurdles and there is actually a market worth fighting for. If there was a reasonable chance that some backroom deal was going to kill e-cigs...they wouldn't bother with a lawsuit.

Anyway....that's the half-full glass point of the day.

 

[kristin]

Supposedly, as of August 2010, the Ryun patent has been Pending, but an old thread on ECF claimed that they received patent rights in July 2010: http://www.e-cigarette-forum.com/fo...n-granted-us-patent-rights-4-e-cigarette.html

Vapor Corp, in Florida, claims to be the licensed patent holder for their Fifty-One Electronic cigarette in the U.S. and several other countries: About Fifty-One Electronic Cigarettes - Smoke Anywhere USA Electronic Cigarettes - No Second Hand Smoke. It's a cartomizer, which may be different from the Ryun patent.

 

[trying]

From U.S. patent office website, the patent was granted Nov. 16, 2010.
Basics of patent law, only infringment warnings may be sent while patent is pending.
Once the patent is granted an infringment case can be filed.

 

[Bill Godshall]

Interestingly, a year after Ruyan America stopped selling e-cigarettes in the US (to avoid hassles with the FDA), the FDA sent Ruyan a letter in September Ruyan America, Inc. 9/8/10
claiming that their non nicotine product RUYAN RAPP E-Mystick violated the FDCA because it contained lobelia.

Even more interesting, the FDA's letter to Ruyan America claimed that Ruyan Group's claims about their e-cigarettes violated the FDCA (even though Ruyan Group's website is in China). The FDA seems to have forgotten that the FDCA only applies to products marketed in the US (and not those marketed in China).

 

[dskarpus]

You might be interested in the history of George B. Selden who had the patent monopoly on auto engines before Ford.

 

[JohnKing]

I think there are three licensed copies of Windows in China.

 

[rothenbj]

When I was in Hong Kong over ten years ago, I walked into a mall where I purchased a Rolex watch for $25 and checked out three software stores that had all the big name software packages selling for $7 a pop. It was funny seeing multiple copies of PhotoShop, latest version at the time, at that price all with the same serial number.

As Kristin mentioned, this topic was brought up in Europe months ago, it created a short thread and I've heard nothing since.

 

[dskarpus]

01-14-2011

Source: Infocast News

Dragonite International has initiated a civil action for infringement of its 410 Patent against several US companies.

The 410 Patent is the first US utility patent issued in the name of Hon Lik, who is an executive director of the company, and is recognized as the inventor of the electronic cigarette.

The company is confident that it will prevail in this litigation and its patent portfolio will provide broad patent coverage over the electronic cigarettes as more patents are granted from the core patent applications.

US Companies involved in the alleged infringement are Smoking Everywhere Inc., Instead, LLC and BLEC, LLC.

 

[mirinuh]

The irony here is that Ruyan struggles to enforce its patents in China as the manufacturers have multiplied almost beyond belief- albeit successfully shutting down 3 manufacturers in 3 cases. But, with the US patents now granted, they may have better luck in the US going after importers, distributors and retailers.

 

[t9c]

US Companies involved in the alleged infringement are Smoking Everywhere Inc., Instead, LLC and BLEC, LLC.

Clearly they are going where the money is. As someone, (Bill?) mentioned, these suits are nothing more than shakedowns.

edit: BLEC, LLC = Blu e-cigs