DCT

2:26-cv-01394

Ready Mix Naturals LLC v. Globrands LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-01394, D. Nev., 05/05/2026
  • Venue Allegations: Venue is alleged to be proper in the District of Nevada on the basis that each of the Defendant entities resides in the district.
  • Core Dispute: Plaintiff alleges that Defendants' HUSTLER® KISS 50K line of non-nicotine vape products infringes four U.S. patents directed to vaporizable alkaloid compositions designed as smoking cessation aids.
  • Technical Context: The technology relates to non-nicotine electronic cigarette liquids that use substituted pyridine alkaloids and other agents to replicate the sensory experience of smoking tobacco.
  • Key Procedural History: The complaint alleges that Plaintiff provided Defendants with notice of infringement of the Asserted Patents via a letter dated April 20, 2026, and that Defendants refused to cease and desist on April 29, 2026, which may be relevant to allegations of willful infringement.

Case Timeline

Date Event
2023-01-18 Priority Date for all Asserted Patents
2024-04-23 '958 Patent Issued
2025-07-15 '888 and '889 Patents Issued
2025-12-16 '381 Patent Issued
2026-04-20 Notice of Infringement Letter Sent
2026-04-29 Defendants Refuse to Cease and Desist
2026-05-05 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 11,964,958 - "Vaporizable Alkaloid Compositions and Methods of use Thereof"

  • Patent Identification: U.S. Patent No. 11,964,958, "Vaporizable Alkaloid Compositions and Methods of use Thereof," issued April 23, 2024.

The Invention Explained

  • Problem Addressed: The patent's background section asserts that while electronic nicotine delivery systems (ENDS) should, in principle, be a viable aid for smoking cessation, they have not been widely successful Compl. ¶11 '958 Patent, col. 1:28-34 The patent posits this is because existing electronic devices fail to replicate the complete sensory experience of inhaling tobacco smoke, which is critical for user compliance '958 Patent, col. 1:40-49
  • The Patented Solution: The invention is a nicotine-free vaporizable liquid that combines a specific class of substituted pyridine compounds with a "chemosensory irritant" in a solvent '958 Patent, abstract This combination is designed to provide a balanced sensory experience-including a "throat hit"-that simulates the sensation of smoking, thereby offering a more viable alternative for individuals seeking to quit tobacco products '958 Patent, col. 1:56-65
  • Technical Importance: This approach provided a method to create a non-nicotine vaping product that focuses on replicating the physiological sensations of smoking, rather than merely delivering an alternative substance like nicotine '958 Patent, col. 1:40-49

Key Claims at a Glance

  • The complaint asserts independent claim 1 '958 Patent, col. 47:40-62 and reserves the right to assert others Compl. ¶25
  • The essential elements of independent claim 1 are:
    • A vaporizable alkaloid composition, comprising:
    • at least one substituted pyridine compound of Formula (I), or salt or mixed salt thereof, with specific structural requirements, including the proviso that at least one of R¹, R², R³, and R⁴ is not H;
    • at least one chemosensory irritant;
    • at least one solvent; and
    • optionally, at least one flavoring agent,
    • wherein the vaporizable alkaloid composition is entirely devoid of (R) or (S) nicotine.

U.S. Patent No. 12,358,888 - "Vaporizable Alkaloid Compositions and Methods of use Thereof"

  • Patent Identification: U.S. Patent No. 12,358,888, "Vaporizable Alkaloid Compositions and Methods of use Thereof," issued July 15, 2025.

The Invention Explained

  • Problem Addressed: The patent addresses the same problem as the '958 Patent: the failure of existing ENDS to provide an adequate sensory substitute for traditional smoking, which hinders smoking cessation efforts '888 Patent, col. 1:26-50
  • The Patented Solution: The '888 Patent also discloses nicotine-free vaporizable compositions containing a substituted pyridine compound to provide a physiological effect '888 Patent, abstract Unlike the broader claim of the '958 Patent, the independent claim asserted here specifically requires the inclusion of a flavoring agent selected from a long, enumerated list, making the flavor component a required element of the claimed composition rather than an optional one '888 Patent, claim 1
  • Technical Importance: This invention refines the concept of a sensory-mimicking vape liquid by explicitly claiming the combination of a substituted pyridine alkaloid with specific flavoring agents, aiming to create a complete non-nicotine alternative to smoking '888 Patent, col. 1:51-62

Key Claims at a Glance

  • The complaint asserts independent claim 1 '888 Patent, col. 27:49-col. 28:53 and reserves the right to assert others Compl. ¶35
  • The essential elements of independent claim 1 are:
    • A vaporizable alkaloid composition, comprising:
    • at least one substituted pyridine compound of Formula (I), or salt or mixed salt thereof, with specific structural requirements;
    • at least one flavoring agent selected from a specified list of compounds;
    • wherein the vaporizable alkaloid composition is entirely devoid of (R) or (S) nicotine.

U.S. Patent No. 12,358,889 - "Vaporizable Alkaloid Compositions and Methods of use Thereof"

  • Patent Identification: U.S. Patent No. 12,358,889, "Vaporizable Alkaloid Compositions and Methods of use Thereof," issued July 15, 2025.
  • Technology Synopsis: Continuing the theme of its patent family, the '889 Patent addresses the challenge of creating a satisfying non-nicotine smoking substitute '889 Patent, col. 1:26-50 It discloses compositions that combine a substituted pyridine compound with an organic acid to form an alkaloid salt in situ, which is designed to provide a balanced sensory experience for the user when vaped ('889 Patent, col. 47:45-56, claim 1).
  • Asserted Claims: The complaint asserts independent claim 26 Compl. ¶45
  • Accused Features: The HUSTLER® KISS 50K products are alleged to infringe based on their formulation as nicotine-free vape products containing a substituted pyridine alkaloid Compl. ¶19 Compl. ¶45

U.S. Patent No. 12,497,381 - "Vaporizable Alkaloid Compositions and Methods of use Thereof"

  • Patent Identification: U.S. Patent No. 12,497,381, "Vaporizable Alkaloid Compositions and Methods of use Thereof," issued December 16, 2025.
  • Technology Synopsis: This patent also aims to solve the problem of inadequate sensory replication in non-nicotine smoking alternatives '381 Patent, col. 1:27-56 It claims vaporizable compositions that are devoid of nicotine and comprise a specific substituted pyridine compound, at least one solvent, and at least one flavoring agent from a defined list '381 Patent, claim 1
  • Asserted Claims: The complaint asserts independent claims 1, 21, and 22 Compl. ¶55
  • Accused Features: The complaint alleges that the formulation of the HUSTLER® KISS 50K products, as nicotine-free vape products containing a substituted pyridine compound, infringes this patent Compl. ¶19 Compl. ¶55

III. The Accused Instrumentality

  • Product Identification: The accused instrumentalities are the HUSTLER® KISS 50K products Compl. ¶19
  • Functionality and Market Context: The complaint alleges the HUSTLER® KISS 50K products are electronic cigarette liquids advertised as being nicotine-free and offering a "satisfying experience without the traditional nicotine content" Compl. ¶20 An advertisement for the HUSTLER® KISS 50K products describes them as "Powered by 6-methyl" Compl. ¶20 The complaint further alleges that gas chromatography-mass spectrometry (GC-MS) analysis of a "sour berries flavor" version of the product confirmed it does not contain nicotine, consistent with the advertisements Compl. ¶21

IV. Analysis of Infringement Allegations

11,964,958 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
at least one substituted pyridine compound of Formula (I) ... with the proviso that at least one of R¹, R², R³, and R⁴ is not H The products are advertised as being "Powered by 6-methyl," which the complaint implies is the claimed substituted pyridine compound. ¶20 col. 47:43-52
at least one chemosensory irritant The complaint does not provide sufficient detail for analysis of this element. ¶25 col. 47:53-53
at least one solvent The products are vape liquids, which inherently contain a solvent base (e.g., propylene glycol and/or vegetable glycerin). ¶25 col. 47:54-54
wherein the vaporizable alkaloid composition is entirely devoid of (R) or (S) nicotine Product advertisements and GC-MS analysis are alleged to confirm the products are nicotine-free. ¶20; ¶21 col. 47:57-59

12,358,888 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
at least one substituted pyridine compound of Formula (I) ... with the proviso that at least one of R¹, R², R³, and R⁴ is not H The products are advertised as being "Powered by 6-methyl," which the complaint implies is the claimed substituted pyridine compound. ¶20 col. 27:52-57
at least one flavoring agent selected from the group comprising geraniol, geranial, valeric acid, ethyl maltol, ethyl butyrate, ethyl acetate, maltol, ... and mixtures thereof The complaint identifies an accused product with a "sour berries flavor," which contains flavoring agents. ¶21 col. 27:58 - col. 28:51
wherein the vaporizable alkaloid composition is entirely devoid of (R) or (S) nicotine Product advertisements and GC-MS analysis are alleged to confirm the products are nicotine-free. ¶20; ¶21 col. 28:52-53
  • Identified Points of Contention:
    • Scope Questions: A primary question will be whether the "6-methyl" compound advertised in the accused products Compl. ¶20 falls within the structural definition of "substituted pyridine compound of Formula (I)" as required by the asserted claims. The complaint does not specify the exact chemical structure of the accused ingredient, which will be a central issue for claim construction and infringement analysis.
    • Technical Questions: For the '958 Patent, the complaint does not identify which component of the accused product allegedly functions as the required "chemosensory irritant." This raises the evidentiary question of whether Plaintiff can prove the presence of this element or, alternatively, whether it will argue that a common ingredient like a solvent meets the claim limitation.

V. Key Claim Terms for Construction

U.S. Patent No. 11,964,958

  • The Term: "chemosensory irritant"
  • Context and Importance: The definition of this term is critical because infringement of claim 1 of the '958 Patent requires its presence, yet the complaint does not specify what ingredient in the accused product meets this limitation. Practitioners may focus on this term because its construction will determine whether a common vape ingredient (e.g., propylene glycol) can satisfy the limitation or if a specific, separately added substance is required.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification defines the term as a "substance capable of exhibiting a sensory irritation in an individual exposed to the substance" '958 Patent, col. 12:51-54 It provides a long list of examples far beyond spices, including linalool, eugenol, and camphor, suggesting the term is not limited to a single class of compounds '958 Patent, col. 3:23-39
    • Evidence for a Narrower Interpretation: The specification heavily emphasizes the role of a "spice additive" with specific Scoville Heat Unit (SHU) ratings as the primary means of generating a "throat hit" '958 Patent, col. 4:44-47 '958 Patent, col. 15:3-10 The abstract states the composition comprises "a chemosensory irritant, which in certain examples comprises a spice additive," possibly suggesting that spice additives are the preferred, or even required, embodiment to achieve the invention's purpose '958 Patent, abstract

VI. Other Allegations

  • Indirect Infringement: For all four patents, the complaint alleges both induced and contributory infringement. Inducement is based on allegations that Defendants intentionally instruct and encourage customers to use the accused products in an infringing manner (e.g., Compl. ¶27; Compl. ¶37). Contributory infringement is based on allegations that the accused products are a material part of the inventions, are not staple articles of commerce, and have no substantial non-infringing use, pointing to Defendants' instructional materials (e.g., Compl. ¶28; Compl. ¶38).
  • Willful Infringement: The complaint alleges willful infringement for all four patents, asserting that Defendants had pre-suit knowledge of the patents "since no later than on or about April 20, 2026," the date of Plaintiff's notice letter (e.g., Compl. ¶26; Compl. ¶36). The complaint further alleges that Defendants acted with willful blindness and knowingly disregarded Plaintiff's patent rights (e.g., Compl. ¶30; Compl. ¶40).

VII. Analyst's Conclusion: Key Questions for the Case

  • A central issue will be one of chemical identity and scope: can Plaintiff prove that the "6-methyl" compound in the accused HUSTLER® KISS 50K products falls within the structural definition of "substituted pyridine compound of Formula (I)" as required by all asserted patents?
  • A key evidentiary question will be one of elemental presence: for claims requiring a "chemosensory irritant" (e.g., claim 1 of the '958 Patent), what evidence will Plaintiff present to prove this element exists in the accused products, an issue on which the complaint is currently silent?
  • The case may also raise a significant claim construction dispute: does the term "chemosensory irritant" require a specific additive intended to cause irritation (like capsaicin, as heavily featured in the specification), or can the term be broadly construed to cover sensations caused by common vape solvents like propylene glycol?
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