What is there to prove? Look at every filing and PR mentioning CVSI-007, they all say "patent pending smokeless tobacco technology." They never claimed to have a patent, they never hyped anything.
CV Sciences never hypes anything ever. Years ago, that was a common complaint from impatient people around here. They wanted "news".. They wanted CVSI to talk big talk and pump their price... But they never did, because they are a real company and knew that the value of the company would be a direct result of their hard work, sales, education, marketing, etc.