Thursday, May 30, 2024

Patent Battle Ensues: INSTAFLOW Accuses ELFBAR AF5000 of Infringement


The e-cigarette industry is witnessing a significant legal battle as INSTAFLOW’s parent company, Gigakesion, accuses ELFBAR of patent infringement. The dispute centers around ELFBAR’s latest product, the AF5000, which Gigakesion claims infringes on its patented technology.

The Allegation

On March 18th, Gigakesion reached out to the news platform 2FIRSTS with a formal complaint against ELFBAR’s AF5000. They presented evidence including comparative diagrams of product designs and patent document screenshots. According to Gigakesion, the structural and technological similarities between INSTAFLOW and ELFBAR’s products are substantial enough to warrant legal action. They have initiated a lawsuit against iMiracle, the parent company of ELFBAR, and its manufacturer, Cellular Factory, for infringing on their utility model patent.

Background of the Dispute

ELFBAR introduced the AF5000 to the market on February 21st, as reported by 2FIRSTS, showcasing a device designed to offer up to 5000 puffs with a unique liquid reservoir system. Shortly after, Gigakesion flagged this product for its resemblance to their own patented device technology developed and patented in China in February 2023.

Gigakesion’s CEO, Kyle, expressed his concerns in an interview, stating that the similarities were too significant to overlook, especially given the timing of the product launches and patent filings.

The legal ramifications for ELFBAR could be severe if the courts rule in favor of Gigakesion. The suit demands that ELFBAR and Cellular Factory cease the production and sale of the infringing products, destroy existing inventory, and compensate Gigakesion for economic damages and legal fees amounting to 3 million RMB.

The lawsuit underscores the competitive and often contentious nature of the e-cigarette industry, where innovation leads to fierce protection of intellectual property. This case also highlights the challenges companies face in differentiating their products while adhering to international patent laws.

Industry Reactions

The e-cigarette market has seen its share of legal disputes, but the case between Gigakesion and ELFBAR is particularly notable due to the involved parties’ prominence in the industry. This lawsuit could set a precedent for how similar cases are handled in the future, potentially leading to more stringent controls on product design and development in the vaping industry.

As the case unfolds, the industry is watching closely, aware that the outcome could influence future innovation and market competition. Legal experts suggest that the resolution of this case could lead to increased patent filings as companies seek to safeguard their innovations.

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