Vape Retailers Put on Notice: Don’t Get Caught Up in Massive Juul Patent Suit

Swissx Labs sent a cease and desist letter to hundreds of companies today demanding they stop selling Juul and other manufacturers’ patent infringing products within 30 days; Goal is to protect the public from dangerous unapproved uses of its inventor’s IP

Beverly Hills, California, UNITED STATES


Los Angeles, CA, Feb. 12, 2021 (GLOBE NEWSWIRE) -- Swissx issued a stern warning for retailers carrying vape products today. The cease and desist letter demands that stores and chains remove vape products made by Juul and others from their shelves or risk being included in the massive lawsuit already underway for patent infringement. Swissx is concerned about the integrity of its inventor’s patent, as well as the safety of the public who may be being put in danger by infringing products.

Yearly revenues for Juul, which is owned by tobacco giant Altria,  were $2 billion in 2018 with estimates for 2019 at $3.4 billion. When the suit is done it is expected the final penalty will top infamous cases on the level of the Enron scandal. 

Recipients of the cease and desist letter include 7-11, Speedway, Casey’s, Cumberland Farms, Quick Stop, AMPM, Wawa, ExtraMile and other roadside favorites. Also receiving the letter are major tobacco shop chains such as the 800+ store Smoker Friendly chain. They have 30 days to comply. 

At the heart of the suit is evidence that Juul copied the technology invented by Swissx’s Robert Safari in 2012 and acknowledged it was doing so in filings in 2018. The detailed complaint, filed in Delaware where Juul is registered, explains how Juul’s vape cartridges mirror Safari’s cartomizer innovation in every detail. 

“We don’t want innocent retailers to get swept up in this,” said Rudy Delarenta, SVP of Sales and Marketing for Swissx. “That’s why we’re giving them 30 days notice to pull Juul’s infringing products. But if they refuse, we’ll do what we have to do.”

Swissx is a wellness company that was a major part of the new acceptance of cannabis. Its CBD products were the first to hit the mainstream. Swissx also has a full line of vape pens and related products based on the original Robert Safari patents. Swissx makes clear in the letter that it plans to provide retailers with new vendors who have approval to use the relevant patents, including Swissx’s own cartomizer-based tools. A new facility has been set up in Switzerland to test all products using the patents in order to receive the Swissx seal of approval. The letter also demands that retailers not destroy any accounting information about Juul sales of infringing products. 

The suit against Juul is being led by Glaser Weil.

The lawsuit is available upon request: press@swissx.com





 

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