VPR Brands v. Pop Vapor: Does Prior Art Threaten Patent US8205622B2?

US8205622B2

VPR Brands, LP, doing business as Honey Stick, has taken legal action against Pop Vapor Co., LLC, citing infringement of patent US8205622B2. This patent, titled “Electronic Vaporizer and Cartridges,” claims a design related to electronic vaporizing devices. It is  widely used in the booming e-cigarette and vaping industry.

With patent litigation heating up, one critical question arises: Does prior art exist that could challenge the validity of US8205622B2? Identifying earlier patents or publications disclosing similar technology could be a decisive factor in this case.

Using the Global Patent Search (GPS) tool, we analyze potential prior art references that might impact US8205622B2 standing. In this article, we break down the patent’s key features, examine prior art disclosures, and assess how they compare.

Let us start by understanding what US8205622B2 covers and why it is central to this legal battle.

Understanding Patent US8205622B2

US8205622B2, titled “Electronic Cigarette,” describes a two-part vaping device designed to resemble a traditional cigarette. The invention consists of:

  1. An electronic inhaler that houses the power source and control mechanisms.
  2. An electronic atomizer that contains the liquid to be vaporized.

The inhaler and atomizer are connected via electric connectors, allowing them to function as a unit. The device is activated when a user inhales, triggering an electric airflow sensor that controls the atomization process.

Source: Google Patents

Its four key features are:

#1. Dual-tube structure – The invention consists of an inhaler and an atomizer designed to connect seamlessly.

#2. Electric airflow sensor – Detects the user’s inhalation and activates the device, replacing mechanical sensors found in older designs.

#3. Single-chip microcode processor – Controls the power supply to the atomizer and regulates vaporization.

#4. Integrated atomizer technology – Reduces liquid leaks, ensures even heating, and provides a more efficient vaporization process.

VPR Brands, LP, asserts that US8205622B2 is a novel and proprietary electronic cigarette design, and it is enforcing its rights against Pop Vapor Co., LLC. The outcome of this litigation will depend heavily on whether prior art exists that discloses similar structures or functionalities, potentially invalidating key claims of US8205622B2.

Potential Prior Art References for US8205622B2

#1. CN1530041A

This patent, filed on March 14, 2003, describes an electronic cigarette that utilizes an airflow sensor and a high-frequency oscillator to atomize nicotine liquid. The device consists of a tubular inhaler and atomizer powered by a battery and designed to replicate the smoking experience. 

Why this qualifies as Potential Prior Art?

  • Tubular electronic inhaler and atomizer – The reference describes an electronic cigarette with a tubular shape, consisting of an inhaler and atomizer, similar to US8205622B2.
  • Electric power source for atomization – The battery-powered inhaler provides electric current to the atomizer, enabling the vaporization of nicotine liquid.
  • Electric airflow sensor activation – The device includes an airflow sensor that detects inhalation and triggers the atomization process, replacing mechanical detection methods.
  • Nicotine solution storage & atomization – Features a liquid container with nicotine solution and a high-frequency generator for atomization.

Which features of US8205622B2 are disclosed by CN1530041A?

Key Feature of Claim 1Disclosure Status
An electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerFully Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerFully Disclosed
The tubular electronic atomizer includes a container and media within the containerFully Disclosed
The media is soaked with a solution to be atomizedPartially Disclosed
The tubular electronic inhaler includes an electric airflow sensorFully Disclosed
The airflow sensor turns the electric power source on and off by detecting airflowFully Disclosed
The electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerFully Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerFully Disclosed
The tubular electronic atomizer includes a container and media within the containerFully Disclosed
The media is soaked with a solution to be atomizedFully Disclosed
The tubular electronic inhaler includes an electric airflow sensorFully Disclosed
The airflow sensor turns the electric power source on and off by detecting airflowFully Disclosed

Key Excerpt from CN1530041A:

“The feature of the present invention is that the airflow sensor arranged at the end of the cigarette is connected to the circuit board for starting the atomizer high-frequency oscillator connected to the stored nicotine solution, achieving an atomization process that mimics cigarette smoking.”

#2. US20100242974A1

This patent, filed on May 7, 2009, describes an electronic cigarette that consists of a tubular electronic inhaler and an electronic atomizer designed to replicate the smoking experience. The invention includes a detachable atomizer, a liquid container with storage media, and an electric airflow sensor that controls the atomization process. 

Why this qualifies as Potential Prior Art?

  • Tubular electronic inhaler and atomizer – The reference describes an electronic cigarette comprising two tubular components, an electronic inhaler, and an atomizer, aligning with the claimed structure of US8205622B2.
  • Detachable electronic atomizer – The reference explicitly mentions that the electronic atomizer is detachably attached to the inhaler via connectors, mirroring the modular design of the disputed patent.
  • Power source for atomization – The inhaler contains an electric power source that provides current to the atomizer, enabling the vaporization of liquid stored inside.
  • Electric airflow sensor activation – The invention describes an airflow sensor that detects user inhalation and turns the power source on or off, thereby controlling the vaporization cycle.

Which features of US8205622B2 are disclosed by US20100242974A1?

Key Feature of Claim 1Disclosure Status
An electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerFully Disclosed
The electronic atomizer is detachably attached to the electronic inhalerFully Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerFully Disclosed
The tubular electronic atomizer includes a container and media within the containerFully Disclosed
The media is soaked with a solution to be atomizedFully Disclosed
There is a side space for airflow between the container and the mediaFully Disclosed
The tubular electronic inhaler includes an electric airflow sensorFully Disclosed
The airflow sensor turns the electric power source on and off by detecting airflowFully Disclosed

Key Excerpt from US20100242974A1:

“The electronic inhaler of the present invention represents the state-of-the-art electronic cigarette technology in both structural design and microelectronic devices. One of the new technologies that may be used with an electronic cigarette of the present invention is the use of an electric airflow sensor instead of a mechanical device in detecting an airflow generated by the user’s puffing and creating a signal for the microprocessor to activate the electric circuit.”

#3. ES2503565T3

This patent, filed on June 25, 2008, describes a simulated cigarette device that includes a substantially cylindrical housing, an inhalation end, and a refill end for replenishing consumable material. The invention aims to mimic traditional smoking action and includes airflow pathways and a valve mechanism that is activated by user inhalation. 

Why this qualifies as Potential Prior Art?

  • Cylindrical simulated cigarette design – The reference describes a cigarette-like cylindrical housing, aligning with the tubular electronic inhaler and atomizer concept.
  • Airflow activation mechanism – The device features a valve system that reacts to user inhalation, creating airflow pathways.
  • Refillable structure – The simulated cigarette includes a refill end for replenishing consumable materials, somewhat resembling liquid container refilling in electronic cigarettes.
  • Gas flow for inhalation – The invention provides airflow routes that facilitate inhalation, similar to air pathways in an electronic cigarette.

Here’s what the mapping from the tool for this particular patent looks like: 

Source: GPS

Which features of US8205622B2 are disclosed by ES2503565T3?

Key Feature of Claim 1Disclosure Status
An electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerPartially Disclosed
The electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerPartially Disclosed

Key Excerpt from ES2503565T3:

“A smoking action simulation device is provided which comprises a simulated cigarette having a substantially cylindrical cigarette-like shape and a recharging device having a substantially cuboid housing in the form of a cigarette pack. The device creates airflow upon user inhalation and activates a valve mechanism to control the gas flow.”

#4. NO330556B1

This patent, filed on May 19, 2009, describes a smoking simulation pipe that includes a shaft and a detachable stem, forming a tubular structure. The invention features an electric heating device connected to a power supply, which heats vapors containing nicotine or flavoring. The smoking simulation process is further optimized with an airflow sensor that detects air passage and activates the power source. 

Why this qualifies as Potential Prior Art?

  • Tubular inhaler and atomizer structure – The reference describes a smoking simulation pipe with a shaft and a detachable stem, aligning with the tubular inhaler and atomizer concept.
  • Detachable components – The atomizer-like component is detachable from the inhaler, supporting modular functionality.
  • Electric power source for heating – The invention includes a power supply that heats vapors, resembling an electronic cigarette’s atomization process.
  • Airflow sensor activation – A sensor detects air passage and connects the power source, similar to electronic cigarette activation mechanisms.

Which features of US8205622B2 are disclosed by NO330556B1?

Key Feature of Claim 1Disclosure Status
An electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerPartially Disclosed
The electronic atomizer is detachably attached to the electronic inhalerPartially Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerPartially Disclosed
The tubular electronic atomizer includes a container and media within the containerPartially Disclosed
The media is soaked with a solution to be atomizedPartially Disclosed
The tubular electronic inhaler includes an electric airflow sensorPartially Disclosed
The airflow sensor turns the electric power source on and off by detecting airflowPartially Disclosed

Key Excerpt from NO330556B1:

“In order to further optimize a smoking simulation process, and to effect an efficient performance of a power source, a sensor for the connection of the power source at the moment of passage of air through the duct is placed in the smoking simulation pipe.”

#5. US20110232654A1

This patent, filed on June 27, 2008, describes an electronic substitute cigarette comprising a cigarette rod (electronic inhaler) and a simulated cigarette mouthpiece (electronic atomizer). The device includes a detachable atomizer, a liquid chamber with an absorbent sponge, and an electric power source that supplies current to the atomizer. 

Why this qualifies as Potential Prior Art?

  • Tubular inhaler and atomizer structure – The reference describes an electronic substitute cigarette consisting of a cigarette rod (inhaler) and a simulated cigarette mouthpiece (atomizer), matching the structure of US8205622B2.
  • Detachable electronic atomizer – The simulated cigarette mouthpiece is explicitly stated as being detachable from the inhaler.
  • Power source for atomization – The cigarette rod contains a battery and electronic circuit that provide power to the atomizer, enabling vaporization of liquid.
  • Liquid chamber with absorbent media – The atomizer includes a liquid chamber and a columnar alloy sponge, which absorbs liquid for vaporization.

Which features of US8205622B2 are disclosed by US20110232654A1?

Key Feature of Claim 1Disclosure Status
An electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerFully Disclosed
The electronic atomizer is detachably attached to the electronic inhalerFully Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerFully Disclosed
The tubular electronic atomizer includes a container and media within the containerFully Disclosed
The media is soaked with a solution to be atomizedFully Disclosed
There is a side-space for airflow between the container and the mediaFully Disclosed

Key Excerpt from US20110232654A1:

“Referring to FIGS. 1 and 2, an electronic substitute cigarette in accordance with the present invention comprises a cigarette rod 10 and a simulated cigarette mouthpiece 20. Battery and electronic circuit are mounted within the cigarette rod to provide power to the atomizer, and the liquid chamber allows liquid to permeate into the columnar alloy sponge, which is then atomized.”

Feature Comparison Table

Key Feature of Claim 1CN1530041AUS20100242974A1ES2503565T3NO330556B1US20110232654A1
An electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerFully DisclosedFully DisclosedPartially DisclosedPartially DisclosedFully Disclosed
The electronic atomizer is detachably attached to the electronic inhalerNot DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerFully DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
The tubular electronic atomizer includes a container and media within the containerFully DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
The media is soaked with a solution to be atomizedPartially DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
There is a side-space for airflow between the container and the mediaNot DisclosedFully DisclosedNot DisclosedNot DisclosedFully Disclosed
The tubular electronic inhaler includes an electric airflow sensorFully DisclosedFully DisclosedNot DisclosedPartially DisclosedNot Disclosed
The airflow sensor turns the electric power source on and off by detecting airflowFully DisclosedFully DisclosedNot DisclosedPartially DisclosedNot Disclosed
The airflow sensor is specifically a diaphragm microphoneNot DisclosedNot DisclosedNot DisclosedNot DisclosedNot Disclosed
The electronic cigarette comprises a tubular electronic inhaler and a tubular electronic atomizerFully DisclosedFully DisclosedPartially DisclosedPartially DisclosedFully Disclosed
The electronic atomizer is detachably attached to the electronic inhalerNot DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
The electronic inhaler includes an electric power source that provides electric current to the electronic atomizerFully DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
The tubular electronic atomizer includes a container and media within the containerFully DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
The media is soaked with a solution to be atomizedFully DisclosedFully DisclosedNot DisclosedPartially DisclosedFully Disclosed
There is a side-space for airflow between the container and the mediaNot DisclosedFully DisclosedNot DisclosedNot DisclosedFully Disclosed
The tubular electronic inhaler includes an electric airflow sensorFully DisclosedFully DisclosedNot DisclosedPartially DisclosedNot Disclosed
The airflow sensor turns the electric power source on and off by detecting airflowFully DisclosedFully DisclosedNot DisclosedPartially DisclosedNot Disclosed
The airflow sensor is specifically a diaphragm microphoneNot DisclosedNot DisclosedNot DisclosedNot DisclosedNot Disclosed

How to Find Prior Art Using Global Patent Search

Finding prior art is crucial when assessing a patent’s validity. The Global Patent Search (GPS) tool simplifies this process by providing a structured approach to discovering relevant patents and publications. This is how you can use the tool efficiently:

Search by patent number or description – Input the target patent number or use relevant keywords to retrieve potential prior art references.

Source: GPS

Leverage feature mapping – Compare key features of the subject patent against existing patents to determine overlaps.

Review matching results – Browse a curated list of potential prior art references, ranked based on relevance.

Analyze detailed reports – Examine feature-by-feature comparisons to assess whether a prior art reference fully or partially discloses critical claims.

Make confident decisions – Use data-driven insights to evaluate a patent’s validity and refine legal strategies.

By leveraging GPS’s advanced search and mapping capabilities, legal professionals and researchers can efficiently identify prior art that may impact a patent’s enforceability.

Don’t Let Weak Patents Win; Find the Prior Art That Matters

GPS

In the high-stakes world of patent disputes, the difference between winning and losing often comes down to one critical piece of prior art. Why waste time digging through endless documents when Global Patent Search (GPS) does the heavy lifting for you?

The benefits of GPS tool are:

  • Instant, high-precision search – Find relevant patents in seconds, not weeks.
  • Bulletproof feature mapping – Match key claims against prior art with pinpoint accuracy.
  • Data-driven legal edge – Arm yourself with hard facts, not guesswork.

The best defense against bad patents is ironclad prior art. Start your search with Global Patent Search today before your competition does.

Disclaimer: The information provided in this article is for informational purposes only and should not be considered legal advice. The prior art references mentioned are preliminary results from the Global Patent Search (GPS) tool and do not guarantee legal significance. For a comprehensive prior art analysis, we recommend conducting a detailed search using GPS or consulting a patent attorney.