The point I was trying to make is that if these big companies could not find a way to legally make e-cigarettes without paying Fontem Ventures then, much as people on this board might not like it, no one can make a mod or other wise without permission from FV.
I don't see how you're drawing this conclusion from the article. One lawsuit was won by Ruyan; all the other litigation appears to be pending:
"A number of the companies sued by Fontem hold their own patents, as do Altria, Reynolds and BAT (which holds a 42% stake in Reynolds). Indeed, the two American giants may yet be targeted by Fontem’s current lawsuits, which name five potential “Doe” defendants—unnamed firms it might subsequently add to its complaints. If that happens, expect them to respond in kind—as will Lorillard and several other existing named defendants. Imperial’s move may also encourage other holders of basic e-cigarette patents, such as Britain’s Gamucci, to assert their intellectual-property rights too."
If you've read anything on patent assertion in the tech industry, these cases are going to take years to resolve given the size of the corporations involved and the determinations of whether the intellectual property patented can actually be claimed as "original". Courts are getting somewhat tired of cases like this, when someone tries to patent a re-invention of the wheel.