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

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