AVEO Vapor Devices Granted Patents for Groundbreaking Atomizer and Mouthpiece Design

:loudspeaker: Doing business the “right” way may have its challenges, but it is necessary for building a long-term sustainable business. As the cannabis and vape industries continue to mature, one core focus must be the enforcement of intellectual property rights. The goal is to prevent commoditization and avoid a detrimental “race to the bottom” that we have witnessed in other aspects of the industry.

Source: AVEO Vapor Devices Granted Patents for Groundbreaking Atomizer and Mouthpiece Design | AP News

Having the privilege of operating “in” China, our group has a unique position that affords us access to insight most average customers do not have. We have recently observed the efforts of Chinese authorities to curb intellectual property infringement. An interesting example of this happened on May 8th this year when the Shenzhen Administration for Market Regulation detained a batch of electronic cigarette vaporizers suspected of infringing on patented technology.

What sets this case apart is that the Shenzhen Intellectual Property Administration, rather than using China Customs, directly went to the factory where the potentially infringing products were being manufactured. The infringement claims were related to a patented technology that involves a simple yet identifiable clip design. This design ensures proper sealing and creates an audible “click” sound to confirm a secure mouthpiece. Sellers may even refer to the featured design as “EZ Click.”

Different than the U.S., the legal process in China for patent infringement is swift and decisive, with decisions often being made within 2-3 months once a formal complaint is verified after product seizure and inspection. Based on our understanding of the legal activities happening within China, we found it imperative to ensure we operated in accordance to the rights of this patent.

AVEO is proud to be the first and only brand to structure a licensing deal that showcases our commitment to ethical business practices and respect for patent owners. Our clients can be assured they will be provided with Goods and Services that meet their business needs without unforeseen disruptions.

Let’s continue to promote responsible and ethical business practices in the industry by working together! #businessethics #patentprotection #sustainablebusiness

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FOR IMMEDIATE RELEASE

Shenzhen Administration for Market Regulation Detains Electronic Cigarette Vaporizers for Patent Infringement

Shenzhen, China - May 8, 2023 - The Shenzhen Administration for Market Regulation (Shenzhen Intellectual Property Administration) has detained a batch of electronic cigarette vaporizers suspected of infringing on patented technology. The infringing goods were seized at a manufacturing facility in Shenzhen’s Bao’an district.

A Shenzhen technology company had filed a complaint with the Administration, accusing the batch of electronic cigarette vaporizers of infringing on the patent rights of the “electronic cigarette vaporizer”. Acting swiftly, officers from the Administration visited the manufacturing facility located at Building 48, Dayangtian Industrial Zone, Wanfeng Community, Xinqiao Street, Baoan District, and detained the goods as evidence for further investigation.

The detained batch consists of approximately 30,000 atomizers and 30,000 cigarette holders, which have been valued at more than 440,000 yuan. However, this detention represents only a small portion of the total number of atomizers estimated to be over 100 million units and valued at more than 1.4 billion yuan, which are believed to have been sold by the infringing seller.

The Administration is currently conducting the necessary detention and investigation procedures for the suspected infringing goods.

Additionally, an official lawsuit has been filed between the patent holder and the infringing manufacturer and seller.

This incident serves as a reminder of the importance of intellectual property rights and the commitment of the Shenzhen Administration for Market Regulation to actively protect these rights. They will continue to take strict action against instances of patent infringement, ensuring fair and lawful business practices in the market.

For more information, please contact:

Shenzhen Administration for Market Regulation

Address: Industrial, Commercial Price Building, No. 7010, Shennan Blvd, Futian District, Shenzhen, China

Phone: +86 0755-12315

Email: 12315@mail.amr.sz.gov.cn

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Further information regarding the recent seizure and lawsuit filed in China against the factory that produces Advanced Vapor Devices (AVD) Brand vape hardware distributed by Next Level Ventures.

Claims:

  1. The defendant is ordered to immediately stop infringing the plaintiff’s utility model patent number ZL201621129802.3, destroy the inventory of the accused infringing products and the molds for making the accused infringing products.

  2. The defendant was ordered to compensate the plaintiff for economic losses of RMB 500,000;

  3. The defendant is ordered to compensate the plaintiff for the attorney fees of 30,000 yuan and the guarantee fee of 5,000 yuan for defending rights;

The total cost of the above is RMB: 535,000 Yuan

  1. The litigation fees and preservation fees in this case shall be borne by the defendant.

Facts and Reasons:

The plaintiff is a high-tech enterprise specializing in the R&D, production, sales and service of e-cigarette products. It has production equipment, R&D personnel and management personnel for manufacturing advanced e-cigarettes. The e-cigarette products it produces have also obtained CE, ROHS, SGS and other certifications.

On October 17, 2016, the plaintiff filed a utility model patent application titled “A plug-in and locking cigarette holder, an electronic cigarette atomizer and an electronic cigarette” to the State Intellectual Property Office. The patent was issued by the State Intellectual Property Office on April 26, 2017. The State Intellectual Property Office announced that it had granted the plaintiff a utility model patent with the patent number ZL2016211 29802.3. The patent is currently valid. The e-cigarette products created by the plaintiff based on the patent involved are selling well in Japan, Europe, the United States and other countries, and have a very high market share.

The plaintiff’s investigation found that the defendant plagiarized and counterfeited the plaintiff’s patent without the plaintiff’s permission, and

Its factory ramped up the production of electronic cigarette atomizer products that infringed on the plaintiff’s patent rights.

On May 5, 2023, the plaintiff applied for an administrative complaint to the Baoan Supervision Bureau of the Shenzhen Municipal Administration for Market Regulation against the defendant regarding the patent involved in the case (acceptance case number: Guangdong Shenzhen Facai Zi [2023] Bao No. 11), Shenzhen Municipal Market Supervision The Bao’an Supervision Bureau also went to the defendant’s factory located on the second floor of Building 48, Dayangtian Industrial Zone, Wanfeng Community, Xinqiao Street, Bao’an District, Shenzhen (the first floor is the front desk, the second floor is the office, and the fourth floor is the production workshop) An administrative investigation was conducted, the electronic cigarette atomizer products produced by the defendant were sealed in accordance with the law, the defendant’s contract and sales receipts were seized, and case records were produced.

On May 24, 2023, the plaintiff entrusted Guangdong Huibang Law Firm to send a “Lawyer’s Letter” to the defendant, requiring it to immediately stop manufacturing and selling electronic cigarette atomizer products that are suspected of infringing the plaintiff’s utility model patent rights, and to immediately destroy the infringing products. The infringing copy was copied and a written reply was given to the plaintiff within three days regarding the handling of the situation, but the defendant ignored it. After further in-depth investigation by the plaintiff, it was found that the defendant was still mass-producing and selling electronic cigarette atomizer products that infringed the patent rights involved in the case, and had not actually stopped its infringing behavior.

The plaintiff and the defendant are in a horizontal competition relationship. Even though the defendant knew that the plaintiff enjoyed the utility model patent rights, it still manufactured and sold a large number of the allegedly infringing products. After the plaintiff sent a letter, the defendant did not stop its infringement, which is enough to show that the defendant committed malicious infringement. .

Photos from the factory where products were seized by Shenzhen Buddy regarding patent infringement.


Thank you for your feedback. Always here to push the industry forward!

Thanks for using AVEO brand vape hardware!

Press Release in China announcing enforcement by Shenxzhen Buddy of their patent against multiple factories “accused” of infringement.

Based on our understanding and analysis of claims against these factories, the likelihood is very high that Buddy will win.

DM if you’d like more information on the factories and brands being targeted.

Shenzhen Buddy Technology Development Co., Ltd. (“Buddy”), a leading high-tech enterprise in the e-cigarette industry, announces its commitment to protecting its patented technology against infringement.

Buddy owns a U.S. patent (US9999254 B2) and a Chinese patent (CN206119181U), referred to as the “locking patent,” which covers a plug-and-lock cigarette holder, electronic cigarette atomizer, and electronic cigarette. These patents have been authorized for use by GREEN THEMIS LLC (“GT”), and both parties are dedicated to implementing and safeguarding this revolutionary technology.

Buddy’s cutting-edge e-cigarette products have gained widespread recognition in global markets, specifically in Japan, Europe, and the United States, where they hold a significant market share. The company’s commitment to innovation and creativity is further solidified by international authoritative certifications, including ISO 13485, ISO 9001, ISO 14001, ISO 18000, GMP and QS. Buddy’s advanced production facilities, along with its dedicated R&D experts and experienced management personnel, continue to drive the development and growth of the e-cigarette industry.

In response to potential infringements on its patented technology, Buddy has taken immediate action. The company has recently pursued a patent infringement dispute settlement request against a company suspected of violating Buddy’s patents. The case was filed with the Baoan Supervision Bureau of Shenzhen Market Supervision Bureau, who promptly initiated an investigation at the alleged infringer’s production site. Seizing electronic cigarette atomizer products, contracts, sales documents, and other necessary evidence in accordance with the law.

To safeguard its intellectual property rights, Buddy will continue to take legal measures against manufacturers suspected of infringing on its patents. This is done not only to protect its legitimate rights and interests but also to ensure the fair and healthy development of the e-cigarette industry’s commercial order and commercial behavior.

Buddy Technology is recognized as a leader in the e-cigarette industry, prioritizing the development of top-quality products, protecting intellectual property rights, and fostering a sustainable future for the industry. For further information, please visit “www.budtanks.com”or contact ride@buddyvape.com.

About Buddy Technology Development Co., Ltd.

Shenzhen Buddy Technology Development Co., Ltd. is a well-established high-tech enterprise specializing in the research, development, production, sales, and professional services of e-cigarette products. With advanced production facilities, a dedicated R&D team, and experienced management personnel, Buddy is renowned for creating cutting-edge e-cigarette products. The company’s commitment to excellence is further reflected in its international authoritative certifications, including ISO 13485, ISO 9001, ISO 14001, ISO 18000, GMP and QS.

Source: https://vape.hk/buddy-technology-takes-action-against-patent-infringement-in-the-e-cigarette-industry/

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