US Federal Court Reopens PMI Patent Lawsuit and Revokes Attorney Fee

Business by Vapor Voice; Mandy Wong

Apr.19.2023

On April 17, the US Court of Appeals for the Federal Circuit (CAFC) overturned the district court's dismissal of a patent lawsuit filed by Healthier Choices Management (HCM) against Philip Morris (PMI).

On April 17, the US Court of Appeals for the Federal Circuit (CAFC) overturned a district court ruling: the District Court dismissed the patent lawsuit filed by Healthier Choices Management (HCM) against Philip Morris (PMI).

HCM Sues PMI for Infringement

Tobacco giant Philip Morris (PMI) is facing a patent infringement lawsuit from Florida-based e-cigarette company Healthier Choices Management (HCM). It is reported that HCM accused PMI of infringing its e-cigarette pipe patent, namely US Patent No. 10,561,170. After the prosecution, the district court ruled that PMI did not violate the patent and rejected HCM's application for amendment. Meanwhile, PMI received attorney's fees.

The main dispute between the two companies is whether one of PMI's products can trigger a combustion reaction. HCM claims that PMI's product does trigger a combustion reaction, while PMI claims the product is non-combustible. If the product involved combustion, PMI would be found to be infringing HCM's patent.

However, the District Court agreed with PMI, holding that the additional exhibits provided by HCM proved that PMI's products did not use combustion technology and therefore found no infringement, and the case was dismissed.

HCM Appeals to CAFC

HCM appealed against the judgment to the Court of Appeals for the Federal Circuit (CAFC). The CAFC upheld HCM's appeal, arguing that the district court had wrongly dismissed the plaintiff's complaint and denied its application for amendment. Accordingly, CAFC revoked PMI's award of attorney's fees and directed the case to be reopened.

HCM also requested that other judges hear the case, but CAFC rejected this request. The case will go back to Judge Timothy C. Batten of the US District Court for the Northern District of Georgia for a second instance.

Reference:

U.S. Appeals Court Revives Phillip Morris Patent Suit

Also read:

Argentina's Heat-not-burn Ban Causes PMI to Suspend Hundreds of Millions of dollars of Investment in IQOS

#PMI #Court case

*The content of this article is written after the extraction, compilation and integration of multiple information for exchange and learning purposes. The copyright of the summary information still belongs to the original article and its author. If any infringement is found, please contact us to delete it.

China Tobacco Regulation Shift：Policy Updates and Market Impact

U.S. Customs Plan to Require Foreign Export Declarations Could Deal ‘Devastating’ Blow to China’s Vape Exports, Logistics gl Expert Says

A U.S. Customs and Border Protection proposal to collect foreign export declarations and other overseas customs documents could expose discrepancies in the value, classification and description of China-made vape shipments entering the United States. A veteran Chinese logistics professional told 2Firsts that the measure, if implemented, could undermine the all-inclusive shipping model used by some unauthorized vape exporters and push parts of the trade toward costlier underground channels. The risk extends beyond higher duties: accurately declared products may also be more readily identified as unauthorized e-cigarettes subject to FDA enforcement.

Special Report

Sep.07

Elf Bar Vape Explosion and Amputation Claim Spurs Coverage Suit, U.S. Insurer MUSIC Seeks Ruling It Owes No Duty to Defend or Indemnify Distributor i5

Mesa Underwriters Specialty Insurance Company has asked a federal court in Washington to declare that it has no duty to defend or indemnify vape distributor i5 Distribution in a product liability case involving an Elf Bar BC5000. The plaintiff alleges that the disposable vape caught fire and exploded in his pocket, causing severe burns and ultimately requiring an above-the-knee amputation of his left leg. MUSIC is relying on a tobacco, nicotine or nicotine replacement products exclusion and a premises limitation endorsement. The court has not ruled on the coverage dispute.

News

Sep.10

Trump Picks White House Health Policy Aide Heidi Overton to Lead FDA, Pending Senate Confirmation

U.S. President Donald Trump has chosen White House health policy aide Heidi Overton to lead the Food and Drug Administration, Bloomberg reported, citing a person familiar with the matter. Overton currently works on health policy at the White House and previously held a senior role at the America First Policy Institute. If confirmed by the Senate, she would take over an FDA that has experienced months of senior-level turnover. The agency regulates products representing roughly one-fifth of U.S. consumer spending, including e-cigarettes, drugs, vaccines and much of the food supply.

News

Aug.19