By Timothy S. Donahue

Top Takeaways:

• Patent review: The U.S. International Trade Commission will review a ruling that invalidated a Juul Labs nicotine-salt vaping patent.
• NJOY dispute: The patent is central to Juul Lab’s effort to block imports of Altria’s NJOY Daily and NJOY Ace products.
• Prior-art fight: The original ruling found a 2013 R.J. Reynolds vapor product anticipated every asserted claim of Juul Labs’s patent.

It’s the never-ending story. Juul Lab’s latest effort to challenge a patent related to Altria’s NJOY vapor products has been revived.

The U.S. International Trade Commission (ITC) has agreed to review an administrative law judge’s decision invalidating a Juul Labs nicotine-salt vaping patent and ending the company’s attempt to block imports of NJOY Daily and NJOY Ace products.

According to a May 29 notice, the full commission will review an April 14 summary determination issued by Administrative Law Judge Doris Johnson Hines, who found that products sold by R.J. Reynolds Vapor Co., a subsidiary of British American Tobacco, in March 2013 anticipated all asserted claims of Juul’s U.S. Patent No. 12,156,533.

That ruling effectively invalidated the patent claims at issue and led to a finding of no violation of Section 337 of the Tariff Act, thereby ending Juul’s case before the ITC.

The commission’s decision to review the ruling does not overturn the judge’s findings. Instead, it means the full ITC will take a second look at the patent validity analysis and other issues raised during the investigation.

The patent dispute is part of a broader legal battle between Juul and Altria over the rapidly evolving U.S. vaping market.

Juul filed complaints against Altria and NJOY, alleging that NJOY Daily and NJOY Ace products infringe the nicotine-salt patent, which covers certain vaping formulations used in electronic nicotine delivery systems (ENDS). The company is seeking trade remedies that could restrict the importation of these products into the United States.

The April ruling was a significant victory for Altria and NJOY because it relied on prior-art products sold by Reynolds years before Juul Lab’s patent filing.

According to the administrative law judge, the Reynolds products encompassed all elements covered by the asserted patent claims, rendering the invention unpatentable.

The issue extends beyond the ITC. In August 2025, Juul filed a related patent infringement lawsuit against Altria in federal court in Arizona. Altria has cited the ITC ruling in that litigation as evidence that the asserted patent claims are invalid.

NJOY occupies a particularly important position in the U.S. market. Following its acquisition by Altria Group Inc., the brand became one of the few vaping platforms with products that have received marketing authorization from the U.S. Food and Drug Administration.

Juul Labs has simultaneously pursued multiple patent actions involving competing vapor products.

In a separate ITC proceeding earlier this year, the commission issued a limited exclusion order covering certain NJOY Ace products after finding infringement of different Juul patents, underscoring the ongoing legal conflict between the companies.

The commission has not yet issued a final decision on the merits of the review.