VPR Brands Receives Favorable Decision from The US Patent Trial and Appeal Board (PTAB)
Fort Lauderdale, FL -- July
14, 2022 -- InvestorsHub NewsWire -- VPR
Brands, LP (OTC:
VPRB):
On July
12, 2022, the Patent Trial and Appeal Board (PTAB) of the United
States Patent and Trademark Office ruled to uphold the validity of
VPR Brands Patent and denied institution of the petition for inter
partes review (IPR) filed by Jupiter Research, LLC in Case No.
IPR2022-00299 seeking to invalidate the Company’s US Patent number
8,205,622 B2. The decision of the PTAB is not
appealable.
The
company owns Intellectual Property which is one of the original
Patents filed for electronic cigarette technology. This Patent
dates to 2009 and includes independent claims covering electronic
cigarette products containing an electric airflow sensor, including
a sensor comprised of a diaphragm microphone. The sensor turns the
battery on and off, and covers most auto-draw, button less
e-cigarettes, cig-a-likes, pod devices and vaporizers using an
airflow sensor rather than a button.
The PTAB
determined in its decision denying institution Jupiter did not
establish a reasonable likelihood that claims 13 through 18 of the
Company’s ‘622 patent are unpatentable. The PTAB decision analyzed
the prior art presented by Jupiter and rejected all prior art
references.
The PTAB’s
decision denying institution clears the way for the Company’s
infringement litigation against Jupiter pending in the District of
Arizona to proceed. Claim construction in that pending suit has
already been completed. While some discovery still remains, the
case should proceed to pre-trial motions this
year.
The
Company is represented by SRIPLAW, P.A. in the Arizona case as well
as in the IPR review proceeding before the PTAB
.
VPR Brands along
with SRIPLAW has started to identify and notify over 50 of the
leading companies using the Auto Draw Technology and VPR Brands
intends to vigorously enforce its Patent. These companies were
prioritized, based on sales volume and popularity. Most recently
VPR Brands LP and its legal team, headed by Joel B Rothman of
SRIPLAW, have filed litigation against 9 of the companies.
Additional lawsuits will continue to be filed as necessary to
protect the company’s Intellectual Property
rights.
The vaping industry
has matured in size and continues to grow. The company believes
that its patent puts them in a unique position to capitalize on the
recent surge in e-cigarette/vape usage that resulted in what some
analysts estimate to be a $6 billion e-cigarette market, not
including devices sold for cannabis and
CBD.
A majority of the
vaping devices sold in the U.S. now utilize an
auto-draw/button-less technology. The company is investigating all
button-less vape devices within the nicotine, CBD, and cannabis
space that initiate vaporization from the user’s airflow inhalation
as they would be suspect of
infringement.
The company may also
seek a buyer for this patent in the future. As an example of past
patent sales for electronic cigarettes, another company, Ruyan,
gained a U.S. patent for its electronic cigarette product. In
August 2013, Imperial Tobacco Group purchased the intellectual
property behind the Ruyan e-cigarette for $75 million. The market
was barely what it is today and has grown tremendously since
2013.
Previous Settlements
Announced:
Effective December
1, 2021, VPR Brands, LP (the “Company”) and NEPA 2 Wholesale, LLC
(“NEPA”) entered into that certain Settlement Agreement (the
“Settlement Agreement”). Pursuant to the terms of the Settlement
Agreement, the Company and NEPA agreed to settle a lawsuit filed by
the Company against NEPA that alleged patent infringement relating
to U.S. Patent No. 8205,622 (the “Patent”), and NEPA agreed to pay
to the Company $275,000. In addition, pursuant to the terms of the
Settlement Agreement, the Company agreed to license the Patent and
related patents and applications to NEPA and certain of its
affiliates.
On December 30,
2021, VPR Brands, LP (the “Company”) entered into a Settlement
Agreement (the “Settlement Agreement”) by and between the Company
and PHD Marketing, Inc. (“PHD”). VPR previously filed a lawsuit in
the United States District Court for the Central District of
California (Civil Action No. 21-cv-03797) alleging patent
infringement of U.S. Patent No. 8,205,622 (the “Patent”) by PHD
(the “Action”). Pursuant to the terms of the Settlement Agreement,
the Company and PHD agreed to settle the Action. In addition, PHD
agreed to pay the Company $85,000.00. The Company also granted PHD
a nonexclusive, non-assignable license to practice the invention
set forth in the Patent.
On March 18, 2022,
the Company entered into a Settlement Agreement (the “XL Settlement
Agreement”) by and between the Company on the one hand, and XL
Vape, LLC (“XL”), VGOD LLC (“VGOD”), and Saltnic LLC (“Saltnic” and
collectively with XL and VGOD, the “XL Parties”), on the other
hand. The Company previously filed a lawsuit in the United States
District Court for the Central District of California (Civil Action
No. 2:21-cv-01110(MCS)) alleging patent infringement of the Patent
by XL (the “XL Action”). Pursuant to the terms of the XL Settlement
Agreement, the Company and the XL Parties agreed to settle the XL
Action. In addition, the XL Parties agreed to pay the Company
$155,000. The Company also granted each of the XL Parties a fully
paid-up, royalty-free, non-exclusive license to practice the
invention set forth in the Patent and all related patents and
applications, domestic and foreign.
About VPR Brands,
LP:
VPR Brands is a
technology company, which develops consumer and business products
based on the newest cutting-edge technologies and whose assets
include issued a U.S. patent for atomization-related products
including technology for medical marijuana vaporizers and
electronic cigarette products and components. The company is also
engaged in product development for the vapor or vaping market,
including e-liquids, vaporizers, and electronic cigarettes (also
known as e-cigarettes) which are devices that deliver nicotine and
or cannabis through atomization or vaping, and without smoke and
other chemical constituents typically found in traditional
products. For more information about VPR Brands, please visit the
company on the web at www.vprbrands.com
Forward-looking
statements:
This news release
contains statements that involve expectations, plans or intentions,
and other factors discussed from time to time in the company’s
Securities and Exchange Commission filings. These statements are
forward-looking and are subject to risks and uncertainties, so
actual results may vary materially. The company cautions readers
not to place undue reliance on any forward-looking statements,
which speak only as of the date made. The company disclaims any
obligation subsequently to revise any forward-looking statements to
reflect events or circumstances after the date of such statements
or to reflect the occurrence of anticipated or unanticipated
events.
VPR Brands (QB) (USOTC:VPRB)
過去 株価チャート
から 12 2024 まで 1 2025
VPR Brands (QB) (USOTC:VPRB)
過去 株価チャート
から 1 2024 まで 1 2025