Altria to Challenge ITC's Initial Determination in JUUL & NJOY Patent Case
RICHMOND, Va. — Altria Group Inc. and its operating company NJOY plan to dispute the initial findings regarding the patent infringement complaint JUUL Labs Inc. filed against NJOY.
Last week, an administrative law judge (ALJ) with the U.S. International Trade Commission (ITC) provided notice of her initial determination supporting JUUL's allegations in its complaint and recommending an exclusion order that would prohibit the importation of NJOY ACE into the United States.
[Read more: Altria Expands NJOY's Retail Reach]
In response, NJOY plans to present its counter position to the full ITC, which is expected to issue a final decision by Dec. 23.
In August 2023, NJOY filed a similar, independent patent infringement complaint against JUUL with the ITC seeking a ban on the importation and sale of JUUL products in the United States. A hearing before the ALJ was held in June 2024, and an initial determination is expected in late September. A positive outcome in this case would not preclude an exclusion order against ACE from taking effect.
Both parties have engaged with a mediator in an attempt to negotiate a resolution of these disputes. In addition, NJOY recently filed substantial equivalence Exemption requests with the FDA to allow NJOY to market an already-developed ACE product with minor modifications that the company believes will avoid three of the four JUUL patent claims at issue in the case.
ACE is currently the only pod-based menthol e-vapor product authorized by the U.S. Food and Drug Administration (FDA) as appropriate for the protection of public health. Altria asserts an exclusion order banning the importation of ACE would severely limit FDA-authorized choices for adults and undermine public health.
Altria's wholly owned subsidiaries include manufacturers of both combustible and smokefree products. In addition to NJOY, it owns Philip Morris USA Inc., John Middleton Co., U.S. Smokeless Tobacco Co. and Helix Innovations.
The company also owns a stake in Cronos Group Inc.
The brand portfolios of Altria's tobacco operating companies include Marlboro, Black & Mild, Copenhagen and Skoal, on!
