NJOY Wins Final Vape Patent Battle at UPC Court of Appeal
NJOY secured a final victory in its long-running patent dispute when the Unified Patent Court (UPC) Court of Appeal in Luxembourg revoked VMR’s patent EP 3 456 214 in its entirety. The court ruled that the patent lacked an inventive step, overturning a previous decision by the European Patent Office (EPO). This ruling concludes a series of revocation actions NJOY filed against Juul Labs and VMR involving nine different vaporizer patents.
Key Takeaways:
- Final Ruling: The UPC Court of Appeal revoked patent EP 3 456 214, ending the litigation.
- Broad Dispute: NJOY originally challenged nine patents; all have now been revoked or invalidated.
- EPO Alignment: Parallel proceedings at the EPO also resulted in the revocation of key Juul patents.
- Legal Teams: McDermott Will & Schulte represented NJOY, while Thum IP and Bardehle Pagenberg defended VMR/Juul.
The NJOY vs. Juul/VMR patent battle refers to a series of high-stakes legal challenges over vaporizer technology rights that has played out across European courts. As 2025 drew to a close, this extensive conflict concluded with a decisive ruling from the UPC Court of Appeal.
The Final Blow: Revocation of EP 3 456 214
In a significant decision, the UPC Court of Appeal dismissed VMR’s appeal and revoked patent EP 3 456 214 in its entirety (case ID: UPC_CoA_71/2025). This patent had previously survived opposition at the European Patent Office (EPO) in 2023. However, the UPC panel, led by presiding judge Rian Kalden, determined that the patent lacked the necessary inventive step, upholding the earlier judgment of the Paris central division.
The Scorecard: Five to Four Turned to None
The conflict began in September 2023 when NJOY filed revocation actions against nine patents protecting Juul Labs’ technology. The Paris central division initially issued a mixed verdict:
| Patent Number | Initial UPC Decision | Final Outcome |
|---|---|---|
| EP 3 504 991 | Upheld | Revoked by EPO |
| EP 3 504 989 | Upheld | Revoked by EPO |
| EP 3 498 115 | Invalidated | Revoked by EPO |
| EP 3 456 214 | Revoked | Revoked by UPC Appeal |
While the Paris court initially upheld five patents and revoked four, subsequent appeals and parallel EPO proceedings dismantled the remaining protections. For instance, the Court of Appeal stayed proceedings for EP 3 504 990 and EP 3 430 921 until the EPO Boards of Appeal revoked both just before Christmas 2025.
Strategic Moves and Third-Party Access
The litigation saw strategic interventions from other industry players. Nicoventures, a subsidiary of British American Tobacco (BAT), successfully applied for access to court files regarding EP 990 and EP 921. The Court of Appeal granted this access in spring 2025, albeit with strict conditions preventing the distribution of pleadings until the appeals were closed.
Legal Representation
The complex litigation involved prominent legal firms:
- For NJOY: Represented by Henrik Holzapfel of McDermott Will & Schulte, supported by patent attorney Mathias Karlhuber of Cohausz & Florack.
- For VMR/Juul Labs: Represented by Bernhard Thum of Thum IP, with legal support from Tobias Wuttke of Bardehle Pagenberg.
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