6EL193003.DOCX

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

JUUL LABS, INC.,

Plaintiff,

v. CASE NO.:

MODERN AGE TOBACCO,

Defendant.

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

Plaintiff Juul Labs, Inc. (“JLI”), by its attorneys, for its complaint for patent infringement

against Modern Age Tobacco, alleges as follows:

NATURE OF THE SUIT

1. This is a civil action arising out of Modern Age Tobacco’s (“Defendant”) patent 

infringement in violation of the Patent Laws of the United States, 35 U.S.C. §§ 271 and 281-285.

2. Defendant’s accused products infringe the sole claim of U.S. Patent No. 

D842,536, the sole claim of U.S. Patent No. D858,870, the sole claim of U.S. Patent No. 

D858,869, and the sole claim of U.S. Patent No. D858,868 (collectively, the “Asserted Patents”).

PARTIES

3. JLI is a corporation organized in the State of Delaware, with its principal place of 

business at 560 20th Street, San Francisco, CA 94107. 

4. On information and belief, defendant Modern Age Tobacco is a domestic 

company having an address of 1122 W. University Avenue, Gainesville, FL 32601.

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JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over JLI’s patent infringement claims 

under 28 U.S.C. §§ 1331 and 1338(a).

6. This Court has personal jurisdiction over Defendant at least because Defendant is 

incorporated in this District, has purposefully distributed the accused “ES JUUL COMPATIBLE 

PODS” and “4X PODS” products in this District, made those products available for sale through 

an established distribution chain, and JLI’s cause of action for patent infringement arises out of 

those activities. 

7. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b) at least 

because Defendant resides in and is a corporate citizen of this District and because Defendant 

has committed acts of infringement in this District.

COUNT I.: Infringement of the D’536 Patent

8. JLI repeats and re-alleges paragraphs 1-7 as if fully set forth herein.

9. U.S. Patent No. D842,536 (the “D’536 patent”) was duly and lawfully issued by 

the United States Patent and Trademark Office on March 5, 2019 to JLI. The D’536 patent is 

titled “Vaporizer Cartridge,” names Adam Bowen, James Monsees, Steven Christensen, Joshua 

Morenstein, and Christopher Nicholas HibmaCronan as co-inventors, and issued from U.S. 

Patent Application No. 35/001,170, which was filed on July 28, 2016. 

10. The D’536 patent was duly assigned to JLI, which is the owner of all right, title,

and interest in and to the D’536 patent and possesses the exclusive right of recovery for past, 

present, and future infringement. The sole claim of the D’536 patent is valid and enforceable. A 

true and correct copy of the D’536 patent is attached as Exhibit A.

11. Defendant has been, and presently is, infringing claim 1 of the D’536 patent 

within this District and elsewhere by using, making, selling, offering to sell, and/or importing

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into the United States, products identified in this Complaint in violation of 35 U.S.C. §§ 271(a) 

and 289. Without limitation, this includes ES JUUL COMPATIBLE PODS and 4X PODS 

products.

12. JLI is informed and believes, and on that basis alleges, that Defendant’s 

infringement of the D’536 patent has been and continues to be intentional, willful, and without 

regard to JLI rights. Defendant has had knowledge of the D’536 patent since at least the date that 

this Complaint was served. Defendant has had knowledge of the infringing nature of its 

activities, or at least a willful blindness regarding the infringing nature of its activities, with 

respect to the D’536 patent since at least service of this Complaint. Defendant's infringement 

has been and continues to be willful since at least service of this Complaint.

13. JLI is informed and believes, and on that basis alleges, that Defendant has gained

profits by virtue of its infringement of the D’536 patent.

14. JLI has sustained damages as a direct and proximate result of Defendant’s 

infringement of the D’536 patent.

15. JLI will suffer and is suffering irreparable harm from Defendant’s infringement of 

the D’536 patent. JLI has no adequate remedy at law and is entitled to an injunction against

Defendant’s continuing infringement of the D’536 patent. Unless enjoined, Defendant will 

continue its infringing conduct.

COUNT II.: Infringement of the D’870 Patent

16. JLI repeats and re-alleges paragraphs 1-15 as if fully set forth herein.

17. U.S. Patent No. D858,870 (the “D’870 patent”) was duly and lawfully issued by 

the United States Patent and Trademark Office on September 3, 2019 to JLI. The D’870 patent 

is titled “Vaporizer Cartridge,” names Adam Bowen, Steven Christensen, Christopher Nicholas 

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HibmaCronan, James Monsees, and Joshua Morenstein as co-inventors, and issued from U.S. 

Patent Application No. 29/662,037, which was filed on August 31, 2018.

18. The D’870 patent was duly assigned to JLI, which is the owner of all right, title,

and interest in and to the D’870 patent and possesses the exclusive right of recovery for past, 

present, and future infringement. The sole claim of the D’870 patent is valid and enforceable. A 

true and correct copy of the D’870 patent is attached as Exhibit B.

19. Defendant has been, and presently is, infringing claim 1 of the D’870 patent 

within this District and elsewhere by using, making, selling, offering to sell, and/or importing

into the United States, products identified in this Complaint in violation of 35 U.S.C. §§ 271(a) 

and 289. Without limitation, this includes ES JUUL COMPATIBLE PODS and 4X PODS 

products.

20. JLI is informed and believes, and on that basis alleges, that Defendant’s 

infringement of the D’870 patent has been and continues to be intentional, willful, and without 

regard to JLI rights. Defendant has had knowledge of the D’870 patent since at least the date that 

this Complaint was served. Defendant has had knowledge of the infringing nature of its 

activities, or at least a willful blindness regarding the infringing nature of its activities, with 

respect to the D’870 patent since at least service of this Complaint. Defendant's infringement 

has been and continues to be willful since at least service of this Complaint.

21. JLI is informed and believes, and on that basis alleges, that Defendant has gained

profits by virtue of its infringement of the D’870 patent.

22. JLI has sustained damages as a direct and proximate result of Defendant’s 

infringement of the D’870 patent.

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23. JLI will suffer and is suffering irreparable harm from Defendant’s infringement of 

the D’870 patent. JLI has no adequate remedy at law and is entitled to an injunction against

Defendant’s continuing infringement of the D’870 patent. Unless enjoined, Defendant will 

continue its infringing conduct.

COUNT III.: Infringement of the D’869 Patent

24. JLI repeats and re-alleges paragraphs 1-23 as if fully set forth herein.

25. U.S. Patent No. D858,869 (the “D’869 patent”) was duly and lawfully issued by 

the United States Patent and Trademark Office on September 3, 2019 to JLI. The D’869 patent 

is titled “Vaporizer Cartridge,” names Adam Bowen, Steven Christensen, Christopher Nicholas 

HibmaCronan, James Monsees, and Joshua Morenstein as co-inventors, and issued from U.S. 

Patent Application No. 29/661,973, which was filed on August 31, 2018. 

26. The D’869 patent was duly assigned to JLI, which is the owner of all right, title,

and interest in and to the D’869 patent and possesses the exclusive right of recovery for past, 

present, and future infringement. The sole claim of the D’869 patent is valid and enforceable. A 

true and correct copy of the D’869 patent is attached as Exhibit C.

27. Defendant has been, and presently is, infringing claim 1 of the D’869 patent 

within this District and elsewhere by using, making, selling, offering to sell, and/or importing

into the United States, products identified in this Complaint in violation of 35 U.S.C. §§ 271(a) 

and 289. Without limitation, this includes ES JUUL COMPATIBLE PODS and 4X PODS 

products.

28. JLI is informed and believes, and on that basis alleges, that Defendant’s 

infringement of the D’869 patent has been and continues to be intentional, willful, and without 

regard to JLI rights. Defendant has had knowledge of the D’869 patent since at least the date that 

this Complaint was served. Defendant has had knowledge of the infringing nature of its 

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activities, or at least a willful blindness regarding the infringing nature of its activities, with 

respect to the D’869 patent since at least service of this Complaint. Defendant's infringement 

has been and continues to be willful since at least service of this Complaint.

29. JLI is informed and believes, and on that basis alleges, that Defendant has gained

profits by virtue of its infringement of the D’869 patent.

30. JLI has sustained damages as a direct and proximate result of Defendant’s 

infringement of the D’869 patent.

31. JLI will suffer and is suffering irreparable harm from Defendant’s infringement of 

the D’869 patent. JLI has no adequate remedy at law and is entitled to an injunction against

Defendant’s continuing infringement of the D’869 patent. Unless enjoined, Defendant will 

continue its infringing conduct.

COUNT IV.: Infringement of the D’868 Patent

32. JLI repeats and re-alleges paragraphs 1-31 as if fully set forth herein.

33. U.S. Patent No. D858,868 (the “D’868 patent”) was duly and lawfully issued by 

the United States Patent and Trademark Office on September 3, 2019 to JLI. The D’868 patent 

is titled “Vaporizer Cartridge,” names Adam Bowen, Steven Christensen, Christopher Nicholas 

HibmaCronan, James Monsees, and Joshua Morenstein as co-inventors, and issued from U.S. 

Patent Application No. 29/661,968, which was filed on August 31, 2018. 

34. The D’868 patent was duly assigned to JLI, which is the owner of all right, title,

and interest in and to the D’868 patent and possesses the exclusive right of recovery for past, 

present, and future infringement. The sole claim of the D’868 patent is valid and enforceable. A 

true and correct copy of the D’868 patent is attached as Exhibit D.

35. Defendant has been, and presently is, infringing claim 1 of the D’868 patent 

within this District and elsewhere by using, making, selling, offering to sell, and/or importing

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into the United States, products identified in this Complaint in violation of 35 U.S.C. §§ 271(a) 

and 289. Without limitation, this includes ES JUUL COMPATIBLE PODS and 4X PODS 

products.

36. JLI is informed and believes, and on that basis alleges, that Defendant’s 

infringement of the D’868 patent has been and continues to be intentional, willful, and without 

regard to JLI rights. Defendant has had knowledge of the D’868 patent since at least the date that 

this Complaint was served. Defendant has had knowledge of the infringing nature of its 

activities, or at least a willful blindness regarding the infringing nature of its activities, with 

respect to the D’868 patent since at least service of this Complaint. Defendant's infringement 

has been and continues to be willful since at least service of this Complaint.

37. JLI is informed and believes, and on that basis alleges, that Defendant has gained

profits by virtue of its infringement of the D’868 patent.

38. JLI has sustained damages as a direct and proximate result of Defendant’s 

infringement of the D’868 patent.

39. JLI will suffer and is suffering irreparable harm from Defendant’s infringement of 

the D’868 patent. JLI has no adequate remedy at law and is entitled to an injunction against

Defendant’s continuing infringement of the D’868 patent. Unless enjoined, Defendant will 

continue its infringing conduct.

PRAYER FOR RELIEF

WHEREFORE, JLI requests entry of judgment against Defendant as follows:

A. That Defendant and all of its subsidiaries, affiliates, officers, agents, servants, 

employees, attorneys, and their heirs, successors and assigns, and all persons acting in concert or 

participation with it and each of them, be immediately enjoined and restrained, preliminarily and 

permanently, without bond, from manufacturing, distributing, selling or offering to sell in the 

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United States or importing into the United States products infringing the claims of the patents-atissue; and deliver to JLI all products that infringe the Asserted Patents; 

B. A judgment that Defendant has infringed each of the Asserted Patents;

C. An award of damages for infringement of the Asserted Patents together with 

prejudgment interest and costs, said damages to be trebled by reason of the intentional and 

willful nature of Defendant’s infringement, as provided by 35 U.S.C. § 284;

D. An accounting of Defendant’s profits pursuant to 35 U.S.C. § 289;

E. Costs of suit; 

F. Finding of the case to be exceptional under 35 U.S.C. § 285, and an award of 

JLI’s reasonable attorneys’ fees; 

G. That any monetary award includes pre- and post-judgment interest at the highest 

rate allowed by law; and

H. Such other relief as the Court may deem just and proper.

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JURY DEMAND

Under Rule 38 of the Federal Rules of Civil Procedure, JLI respectfully demands a trial 

by jury of any issues triable of right by a jury.

Dated: July 10, 2020 Respectfully submitted,

By: /s/ Bryan D. Hull

Bryan D. Hull (Fla. Bar No. 20969)

BUSH ROSS, P.A.

1801 North Highland Ave.

Tampa, Florida 33602

Tel.: (813) 204-6491

Fax: (813) 223-9620

bhull@bushross.com

and

Kevin P.B. Johnson (pro hac vice forthcoming)

Victoria F. Maroulis (pro hac vice forthcoming) 

Andrew M. Holmes (pro hac vice forthcoming)

Olga Slobodyanyuk (pro hac vice forthcoming)

QUINN EMANUEL URQUHART 

 & SULLIVAN LLP

555 Twin Dolphin Dr., 5th Floor

Redwood Shores, California 94065

Tel.: (650) 801-5000

Fax: (650) 801-5100

kevinjohnson@quinnemanuel.com

victoriamaroulis@quinnemanuel.com

drewholmes@quinnemanuel.com

olgaslobodyanyuk@quinnemanuel.com

Attorneys for Plaintiff JUUL LABS, INC.

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