Evolv vs. Joyetech & Wismec
Regulated chip company Evolv are taking Joyetech to court.
-
by Dave Cross
Share on:
The collection of umbrella companies have benefitted from astute marketing and cheap manufacturing costs to become leaders in the industry, but this has come at a price: “One of the consequences of Joyetech’s success is the significant amount of patent and trademark abuse it has sustained. This endemic abuse has led to a large market for fake Joyetech products. These products are often of very poor quality and performance and they and their manufacturers have contributed to a significant amount of customer dissatisfaction in the quality of product and related customer service. Joyetech and its distributors have struggled in our attempt to elevate ourselves and discriminate our products against this background.”
Evolv, formed in 2010, has been producing circuit boards for regulated devices from its base in Ohio. It currently employs 19 staff, which means that its manufacturing costs are considerably higher than for Joyetech which benefits from cheap Chinese labour and overheads but the American company claims that their competitors benefitted from another advantage too.
Evolv launched an action against the named companies of Joyetech & Wismec on March 9th, seeking “damages for Joyetech’s and Wismec’s infringement, enhancement of damages due to their willful infringement, and a preliminary and permanent injunction restraining Defendants from further infringement.”
“Evolv introduced DNA® 20 and DNA® 30 circuit boards to the market in or about December 2012 and December 2013, respectively. Evolv sold these boards to high-end device makers who included the boards in the vaporizers they sold to consumers. In or about August 2014, Joyetech began marketing a 30-watt device that sold for less than one-third the price of devices containing Evolv’s circuit boards. Because of the very low price point, Joyetech’s product quickly dominated the low-quality end of the market.”
Evolv contend in their action: “During the November 11, 2015 meeting in Irvine, California, Joyetech’s and Wismec’s representative in formed Evolv’s President of Joyetech and Wismec’s intent to market a competing “low budget” 200-wattage device based upon a new circuit board alternative to the DNA® 200. During the same meeting, Evolv’s President, Brandon Ward, advised Mr. Qian of the ’330 Patent and instructed him that the ’330 Patent claims many of the inventions found in the DNA® 200 circuit board. Mr. Ward informed Mr. Qian of the need for Joyetech to obtain a license from Evolv in order to import, make, sell, or offer for sale the “low budget” 200-wattage vaporizer containing a circuit board not purchased from Evolv. Mr. Qian did not initially respond except to request a copy of the ’330 Patent.”
Evolv argue that Mr. Qian denied any infringement and refused to negotiate a licence agreement, and that he is linked to the governing boards of Joyetech and Joyetech USA. They state that the chip used in the Reuleaux RX200 is a direct copy of the design of the DNA200 board and has led to “accelerated price erosion”.
The full litigation document can be found here.
Vapor Joe, an online vape host, said: “The RX200 is the most popular mod in the industry, unfortunately for Evolv the Joyetech version is far more popular. Why? Because people don't want to pay $150 for something they can get for $34. People vote with their pockets and though I think Evolv's chip is superior - it’s not worth $100 more. Hana was destroyed when they sued people a few years ago; I don't think this will help Evolv.”
Dave Cross
Journalist at POTVDave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous start-ups to develop content for their websites.
Join the discussion
Parliament Fears Two
The Department for Environment, Food and Rural Affairs faced questions from a Conservative MP and, oddly, a member of the Department for Environment, Food and Rural Affairs
-
by Dave Cross
Harm Reduction For The Rich
The United Kingdom risks becoming a harm reduction country only for the wealthy, according to Michael Landl of the World Vapers’ Alliance
-
by Dave Cross
Sacrificing Health For 2p Cut
Tory Government alienates vaping voters with its mission to cut tax by an unaffordable 2p to attract voters by placing a tax on vape products in the forthcoming budget
-
by Dave Cross
Scotland Announces Single-Use Vape Action
A ban on the sale and supply of single-use vapes in Scotland is due to come into effect on 1 April 2025, under proposed legislation published today
-
by Dave Cross
