NJOY has initiated revocation proceedings at the Unified Patent Court, seeking to invalidate nine patents that safeguard Juul Labs' vaporizer technology. This legal action, filed in September 2023 at the Paris central division, has seen the court deliver rulings on all cases, with five decisions favoring Juul Labs and its subsidiary, VMR Products, while NJOY has secured victories in four instances. The most recent ruling from the court, released last week, upheld patent EP 3 504 989 in an amended form for several countries, including Belgium, France, Germany, Italy, the Netherlands, Portugal, and Sweden (case ID: UPC CFI 312/2023). In a prior decision, the same panel invalidated Juul Labs' patent EP 3 504 990 due to issues related to added matter (case ID: UPC CFI 314/2023), although the judgment has not yet been made public. In January, the 2nd panel of the central division dismissed NJOY’s challenge against patent EP 3 613 453, maintaining it in an amended form (case ID: UPC_CFI_310/2023), and also upheld EP 3 626 092 as granted, rejecting NJOY's claim (case ID: UPC_CFI 311/2023). Earlier, the 1st panel revoked patent EP 3 430 921 (case ID: UPC CFI 316/2023). In the winter of 2024, the Paris central division issued four initial judgments regarding NJOY's revocation actions against Juul Labs and VMR Products. Notably, in early November 2024, the 1st panel confirmed the inventive nature of Juul Labs’ EP 3 504 991 (case ID: UPC_CFI_315/2023) while declaring EP 3 498 115 invalid (case ID: UPC_CFI_309/2023). The 2nd panel, in late November, rejected NJOY’s claim against VMR Products’ EP 2 875 740 (case ID: UPC_CFI_307/2023) and invalidated EP 3 456 214 entirely (case ID: UPC_CFI_308/2023). As the dispute progresses, both parties have filed appeals against several decisions, with at least three rulings under contestation. The deadline for appeals in the 2025 proceedings remains open, and if a settlement is not reached, the matter will advance to the Court of Appeal later this year. Legal representation for NJOY is led by Henrik Holzapfel of McDermott Will & Emery, supported by a team of lawyers and patent attorneys, while Juul Labs and VMR Products are defended by Bernhard Thum and his associates.
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