Philip Morris Negotiating with Ruyan Group

Status
Not open for further replies.

JohnnyVapor

Super Member
ECF Veteran
Oct 23, 2009
452
0
Chicago, IL
Frankly, this might end up being very good for the consumer in the long run. Might be a killer for some of the cottage industry that has sprung up around PV's though.

Agreed Scottbee, in the end Ruyan working with PM sucks, but might give e-cigs the backing needed to prevent undue FDA hassle. I hope the cottage industry as you so well put it survives though.
 

~Gazoo~

Super Member
ECF Veteran
Sep 8, 2009
437
0
South Carolina
Agreed Scottbee, in the end Ruyan working with PM sucks, but might give e-cigs the backing needed to prevent undue FDA hassle. I hope the cottage industry as you so well put it survives though.

Well I am not happy about it for several reasons. Suffice to say it will be like giving BT and the FDA what they want...more money. Plus it will be overly regulated to the point nic will probably be cut down and maybe there won't be any flavors. I am not liking this at all. But the signs are there. I wish Judge Leon would just go ahead and release his ruling. At least we would have a better idea of where we stand. I will continue to order from V4L...even if they have to move to the moon..lol
 

nubee

Ultra Member
ECF Veteran
Jun 24, 2009
1,496
14
IL, USA
Sucks if you ask me.

They couldn't win over everyone with their strong arm tatics and ban threats so now they'll just toss a bunch a $$$ around and then bend us all over backwards....once again.

Prices would probably go sky high too as they'll just HAVE to make up for all the $$$ they <cough> invested in this wonderfully 'safer' way to smoke.

#endrant
 

ECGuy

Unregistered Supplier
Oct 14, 2009
61
0
New Mexico
It is Phillip Morris International, and not the US branch, so perhaps not much affect on the US e-cig industry, yet....

My question is: Is this just a distribution deal or a stab at taking over the industry and burying it. Big tobacco has been known to do that and Ruyan does own some patents on the technology. PM could buy them up and then tie up the industry in patent lawsuits for years.

Still can't post links, but if you want the details and some links to info, I just wrote a full story about it at my site.
 

vpr2go

Full Member
ECF Veteran
Sep 16, 2009
31
0
40
Tucson
www.myspace.com
Theory:
So I'm thinking that by PM going after the original patent holder as they are with these so called "negotiations" that PM might be trying to either buy Ruyan (as they have done with General Foods & Kraft) or become a holding interest in the Company making it easier for Ruyan using PM's help to control the use of their patent on the Ecig basically putting US, Europe, and other China based company's out of business and making the Ruyan/PM E-cig the only one you can buy worldwide.... 'say goodbye to buying E-liquid and say hello to pre-filled carts everyone!'

Questions:
A few extra questions that maybe someone is able to answer for me:

1. E-cig.com claims they hold patents on the Ecig as well. How is this true if Ruyan owns them?

2. Are the Ruyan Patents still in effect? If so... when do they expire?
 

paulyc44

Senior Member
ECF Veteran
Verified Member
Sep 8, 2009
204
16
Theory:
So I'm thinking that by PM going after the original patent holder as they are with these so called "negotiations" that PM might be trying to either buy Ruyan (as they have done with General Foods & Kraft) or become a holding interest in the Company making it easier for Ruyan using PM's help to control the use of their patent on the Ecig basically putting US, Europe, and other China based company's out of business and making the Ruyan/PM E-cig the only one you can buy worldwide.... 'say goodbye to buying E-liquid and say hello to pre-filled carts everyone!'

Questions:
A few extra questions that maybe someone is able to answer for me:

1. E-cig.com claims they hold patents on the Ecig as well. How is this true if Ruyan owns them?

2. Are the Ruyan Patents still in effect? If so... when do they expire?


OK so if we're looking to invest it would be with Ruyan? Or is there another publicly traded company that we should be looking into?
 

leeshor

Ultra Member
ECF Veteran
Aug 6, 2009
1,295
45
Norcross, GA
Theory:
So I'm thinking that by PM going after the original patent holder as they are with these so called "negotiations" that PM might be trying to either buy Ruyan (as they have done with General Foods & Kraft) or become a holding interest in the Company making it easier for Ruyan using PM's help to control the use of their patent on the Ecig basically putting US, Europe, and other China based company's out of business and making the Ruyan/PM E-cig the only one you can buy worldwide.... 'say goodbye to buying E-liquid and say hello to pre-filled carts everyone!'

Questions:
A few extra questions that maybe someone is able to answer for me:

1. E-cig.com claims they hold patents on the Ecig as well. How is this true if Ruyan owns them?

2. Are the Ruyan Patents still in effect? If so... when do they expire?

An analogy to what your supposition is would be that GM has a patent on cars so nobody could build a car.

What they have is a patent on a specific process or design. In the case of e-cig.com the PVs they sell are somewhat unique. They could license that technology/design/process to another manufacturer/distributor/retailer if they elected to do so. This assumes someone would want to do that.

In other words, control of Ruyan has little to do with control of all the other designs or processes used for E-Cigs.

There are so may types of devices on the market that your premise is not valid.

Pretty much the same goes for the liquid. Nobody could patent nicotine or PG or VG or the flavorings and probably not the mixing percentages. I don't see any problem there either.
 

vpr2go

Full Member
ECF Veteran
Sep 16, 2009
31
0
40
Tucson
www.myspace.com
OK so if we're looking to invest it would be with Ruyan? Or is there another publicly traded company that we should be looking into?

As Far As I can see doing info lookup on the Net.... is that Ruyan is currently going after all manufactures of E-cigs in China do to the fact that

From the Ruyan Website: (From one of their recent lawsuit wins)

Established in 2003 as Beijing SBT Ruyan Technology & Development Co., Ltd, Ruyan is the original inventor and legitimate patent-holder for the atomization technology that allows electronic cigarettes, pipes and cigars to vaporize nicotine and non-nicotine solution-mixtures. Beginning in 2003, Ruyan completed applications to the Chinese Patent Office for the “Ruyan” brand of products. Ruyan’s patent system is comprehensive and has invention and utility patents at its core; most of Ruyan’s patents have been granted in China and several have been granted in the European Union, in Singapore and in the Euroasian States. Several, but not all copycat manufacturers claim to have patents for the electronic cigarette; but such alleged design patents and their resulting products will almost certainly be proven to violate Ruyan’s invention and utility patents over and over again. Ruyan has successfully invalidated the alleged “patents” of various copycat manufacturers in past court cases in China in 2005-2006 and will continue to do so in the future. Thus far, Ruyan has obtained 15 invention, utility and design patents in China. Additionally, the company has registered patents in more than 50 countries, regions and territories around the globe, including in the United States of America and the European Union.

So Basically Ruyan Owns the Original Patent on the Atomizer Technology.
See what this means for E-cig users is that if PM prevails Ruyan will have a larger company fighting for their Patent Rights on the Technology and anything that may be similiar to it i.e. 510, 801, 901, VaporKing. Ruyan will be able to put every other China based business out of business thus putting American and European Suppliers out of business because they are using similar atomizing technology. Making PM/Ruyan the only E-cig supplier in the world (at least until the Patents is over).

US & European Suppliers get ready for viscous lawsuits from PM/Ruyan for being in the Ecig Business... AND

Anyone want to see a Marlboro Branded Ecig on every convenient store shelf around the country? Well I see it happening not to much further in the future if PM and Ruyan Strike this Deal.

Just like PM bought out General Foods and Kraft they may be doing the same thing to the E-cig Industry.
 

vpr2go

Full Member
ECF Veteran
Sep 16, 2009
31
0
40
Tucson
www.myspace.com
An analogy to what your supposition is would be that GM has a patent on cars so nobody could build a car.

What they have is a patent on a specific process or design. In the case of e-cig.com the PVs they sell are somewhat unique. They could license that technology/design/process to another manufacturer/distributor/retailer if they elected to do so. This assumes someone would want to do that.

In other words, control of Ruyan has little to do with control of all the other designs or processes used for E-Cigs.

There are so may types of devices on the market that your premise is not valid.

Pretty much the same goes for the liquid. Nobody could patent nicotine or PG or VG or the flavorings and probably not the mixing percentages. I don't see any problem there either.

No They have the Patent on the Atomization technology itself! "Which means anything that is similar in operation to theirs i.e. any atomizing device that vaporizes liquid." Check out Ruyans International Website and check out their headlines please.

Ruyan is currently winning all their Patent Lawsuits on this stipulation & putting other CHina based Ecig businesses out of business. I don't see it going the way you do I'm sorry leeshor.
 

leeshor

Ultra Member
ECF Veteran
Aug 6, 2009
1,295
45
Norcross, GA
OK, let me go one step further. Intel has a CPU patent. So does AMD, VIA, nVidia etc.

A patent must be specific to a process or design. If the patent is overly broad to the point that it would exclude electronic cigarettes in general it would likely not pass muster in court.

Even the patent for an atomizer or the method for atomizing liquid can be circumvented in may courts if the process differs. That's like someone getting a patent for the internal combustion engine.

Exactly which manufacturers have they put out of business.
 
Last edited:

vpr2go

Full Member
ECF Veteran
Sep 16, 2009
31
0
40
Tucson
www.myspace.com
Exactly which manufacturers have they put out of business.
Answer:
From
2009-09-22
Copycat Electronic Cigarette patent Invalidated by State Intellectual Property Office of the People's Republic of China - Ruyan International

Ruyan Won two patent-infringement cases against copycat manufacturers earlier this year including one each against manufacturer "e-Cig" of Zhejiang Province and "Islion" of Guangdong Province... Several other lawsuits are proceeding through Chinese Courts. Ruyan has been granted 4 invention patents as well as 12 utility patents and design patents in China.

They Own the Patent on the Invention of the Atomizer. There is no If and or Butts about it! They can take down any manufacture of the Ecig. Go read all the articles on their case rullings.
 
Status
Not open for further replies.

Users who are viewing this thread