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Dragonite/Ruyan files patent infringement lawsuit in US court against three companies
- Thread starter Bill Godshall
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This is the lawsuit that was mentioned in last week's article in the South China Morning Post at
Patent owner to sue in US over e-cigarette rights
Patent owner to sue in US over e-cigarette rights
Here we go..... why do I remember seeing something dating back to 1965? Guess I'm mistaken but I have this gnawing feeling......
I know this is awful of me, but it strikes me as funny that a Chinese company would sue anyone over copyright infringement.
I know it's just my Americanized perception of Chinese business practices, but that's honestly how this struck me.
I know it's just my Americanized perception of Chinese business practices, but that's honestly how this struck me.
My second thought was, if Chinese companies make it difficult or impossible to manufacture electronic cigarette hardware here in the United States and the FDA continues to seize imports of electronic cigarette hardware from China, we are all in a bad spot.
Bill, is there any way to know for what type of e-cigarette Ryun holds the patent? There are a lot of different set ups - specifically different are the KR808-type cartomizer and the Joye 510-type 2 piece. Also, there is the recessed atomizer vs. the exposed atomizer, etc. My first e-cig had the liquid behind some foil that the exposed atty pierced with a completely exposed atomizer separate - it was a 3 piece, but looked nothing like my Joye 510 3 piece setup. Or is it just the overall technology of an atomizer heating up liquid from a cartridge they have the patent for? Does anyone know how patents work with stuff like this?
I read it, it describes automatic only and is fairly specific. I couldn't tell you exactly what model, but the core components were the same. They described the cart that holds liquid and has air vents on the side, sensors with positive and negative pressure chambers (automatic) and a few other things. In theory you could get away with a manual that uses a few different components, but they could also comeback and claim it is a derivative and therefore not a new product.
The patent isn't for any specific part, so I think the availability of attys isn't even remotely threatened by this lawsuit. I think that's kind of a key component.
If you look at the Prior Art section, you'll see that some of the variations have been mentioned. Which means, since Ruyan specifically notes them, they're likely not going to be able to make that claim.
It has happened. Patents are so broadly asserted today that it could, but I think it might be difficult. This doesn't fit in line with... plans... I'm aware of that seem echoed by this lawsuit.
If you look at the Prior Art section, you'll see that some of the variations have been mentioned. Which means, since Ruyan specifically notes them, they're likely not going to be able to make that claim.
It has happened. Patents are so broadly asserted today that it could, but I think it might be difficult. This doesn't fit in line with... plans... I'm aware of that seem echoed by this lawsuit.
Does Ruyan even make e-cigs now? Certainly it seems they have nothing that performs to the level that we've got used to in the past couple of years. Their v8 is an old "pen style" type that is dated now. I've not seen them being actively sold for a long time. And yes the two piece cigs (cartomizers) are very different from the Ruyan design, not even having an atomizer as such.
I noticed the patent mentioned a number of piezoelectric elements. That is not something present in any current design, is it?
I noticed the patent mentioned a number of piezoelectric elements. That is not something present in any current design, is it?
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Per Kristin's inquiry, the scope of Ruyan's patent in the US can only be determined by patent courts following potentially costly and lengthy litigation.
Since Ruyan stopped selling e-cigarettes in the US in Sept. 2009 (because the FDA scared them off), I find it ironic (but not surprising) that Ruyan is now suing other companies that continue selling in the US for patent infringement.
Seems like Ruyan's entire marketing strategy for the US has been to apply for a patent, then stop selling e-cigarettes, and then shake down other companies (that actually sell e-cigarettes) for some money.
While I think it would be helpful (for future growth of the e-cigarette industry) if at least one defendant challenges Ruyan's patent claim in court, I suspect that Ruyan will deploy the patent litigation strategy it used against njoy several years (i.e. sue, then quickly settle the case for a rather modest lump sum payment).
Since Ruyan stopped selling e-cigarettes in the US in Sept. 2009 (because the FDA scared them off), I find it ironic (but not surprising) that Ruyan is now suing other companies that continue selling in the US for patent infringement.
Seems like Ruyan's entire marketing strategy for the US has been to apply for a patent, then stop selling e-cigarettes, and then shake down other companies (that actually sell e-cigarettes) for some money.
While I think it would be helpful (for future growth of the e-cigarette industry) if at least one defendant challenges Ruyan's patent claim in court, I suspect that Ruyan will deploy the patent litigation strategy it used against njoy several years (i.e. sue, then quickly settle the case for a rather modest lump sum payment).
i think WORST case scenario would be higher ecig prices to cover required licensing fees.
You are so right about this! The Chinese are notorious for copying any item which shows popularity and is patented. They copy and openly sell just about everything, including Rolex watches with the box and fake paperwork (to give an example) I noticed that they filed for their patent in late 2010. Prior to that their patent ran out and since the time it ran out many new companies started manufacturing. I think they would have had a stronger case had they initiated all this prior to their initial patent running out. Basically they are re-patenting a device that already exists and has actively been selling. I do not believe you can patent an item after the fact, meaning after it has been produced and sold. If that were the case, I could have decided to patent the e-cig a few weeks prior to Ruyan and made a bundle. I think they are just reaching or they are attempting at stopping other companies from selling so that they have more power once they decide to manufacture again themselves. They must be seeing an opening of free imports of this product to the USA soon and want to get in on it. Perhaps they have some inside info letting them know that very soon this product will be widely available in the USA?
The only other thing I can think of is maybe they have some ongoing patent on a specific circuit board or other component which is standard and used on all e-cigs?
It is interesting though that they did not go after the manufacturers in China but are trying to go against distributors in the US.
these chinese have stolen so much from our country, our economy is garbage because of the chinese, yet we owe them 4 trillion bucks, i have no respect for there govt at all,that will never change, there thiefs, this law suit is a joke, to my opinion which means nothin this lawsuit will go no were, they need this country to send there drugged out,poision products too,the only chinese ecig products i own are there attys nothin else,i buy only american mods, well i do own a bunch of GGs, my wife and i go out of our way to avoid buying there garbage,thats hard to do
While I couldn't help but think of all the things they've reproduced too... I also recall seeing something about numerous "ecig" patents on record. If you google it, the electronic cigarette has been on record long before even Runyan developed one.
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I don't even understand the patent system. Nightclub smoke machines were using hot wires to vaporize propylene glycol long before Ruyan miniaturized the system. And I am sure that someone well over a 100 years ago discovered that connecting a wire to a power source made the wire get hot. And certainly, someone had isolated nicotine and suspened it in a liquid before. What exactly did Ruyan invent here?
To answer my own question.
Njoy has been added to the 3 American distributors already named.
http://www.dragonite.com.hk/upload/news/1296215500_EW0329ANN.pdf
looks like it was filed a few weeks ago
For whatever it's worth, the stock markets aren't impressed with these moves by Dragonite...
DRAGONITE INTERNATIONAL LTD (329:HK): Stock Quote & Company Profile - BusinessWeek
Although it does seem they were impressed a little bit, for a few days, sorta.
We shall see.
DRAGONITE INTERNATIONAL LTD (329:HK): Stock Quote & Company Profile - BusinessWeek
Although it does seem they were impressed a little bit, for a few days, sorta.
We shall see.
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