London Court Upholds PMI's Heating Tobacco Patent

Apr.19.2023
London Court Upholds PMI's Heating Tobacco Patent
BAT's challenge against PMI's patents for heated tobacco technology rejected by London court.

On April 18th, the High Court in London rejected a request from British American Tobacco (BAT) and its subsidiary, Nicoventures, to have two patents related to heated tobacco technology belonging to their competitor Philip Morris International (PMI) revoked. This ruling is the latest in a ongoing dispute over patents between the two companies.


The judge has ruled that PMI's technology patent is valid.


On April 18th, the High Court in London ruled that the patent for the PMI heated non-burning technology system is valid. This technology heats tobacco to a level where it vaporizes and releases smoke, but does not involve combustion.


Michael Tappin KC, who serves as a justice of appeal, has stated that the differences between the initial global patent application and the final European patent application are not substantial enough to warrant the invalidation of PMI's patent, as they do not disclose any "new information.


Judge Tapie also ruled that BAT's 1998 patent application, known as the "Pienemann" patent application, did not describe the same invention as detailed in PMI's two patent claims.


The patent dispute in this case focuses mainly on two aspects. The first is the "unsprayed forming matrix" of the unheated upstream part in the heating system of the non-combustible heating product, and the second is the "additional material" related to the length of the heating element.


According to the ruling, the "Pienemann" patent of BAT did not include the thin film heater in the PMI patent, but rather BAT's own "graphite-loaded sheath". Therefore, according to the ruling, PMI's two patents were found to be valid.


The patent war between both parties is still ongoing.


Although the patent of PMI was deemed valid, the court ruled that BAT's "Glo" heated tobacco product did not infringe on the patent, thus avoiding any counterclaims of infringement filed by PMI.


This ruling is the latest development in an ongoing patent dispute between two tobacco giants who both hope to dominate the "heat-not-burn" tobacco market.


It is reported that PMI originally sued BAT and its subsidiary, Nicoventures, which specializes in selling non-combustible products, claiming that they infringed on PMI's patents for similar technology. This prompted BAT and Nicoventures to file a countersuit seeking to invalidate these patents.


A spokesperson for BAT welcomed the non-infringement ruling by the patent court on the Glo product. However, they did not comment on the null invalidity ruling regarding "Pienemann". PMI representatives declined to respond to the matter.


The case is numbered HP-2022-000002 and is being heard in the High Court of England and Wales.


Further reading:


A United States federal court has granted a retrial of the PMI patent lawsuit case and has revoked the compensation for PMI's legal fees.


A federal court in the United States has rejected PMI's request for a permanent ban on VUSE. However, Reynolds is required to pay patent fees to PMI.


BAT's heated but non-burning products make up over 50% of the European market and are expected to see a 33.8% increase by 2022.


References:


Philip Morris has successfully defeated a tobacco patent challenge from British American Tobacco (BAT). The case centered around a packaging technology called "flow wrap," used in BAT's Pall Mall brand. Philip Morris argued that the technology had already been patented previously by the company, and the UK High Court agreed. BAT has indicated it intends to appeal the ruling.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

ITGA Americas Meeting Calls for Balanced Regulation as Tobacco Growers Warn of Pressure on Farms and Legal Supply Chains
ITGA Americas Meeting Calls for Balanced Regulation as Tobacco Growers Warn of Pressure on Farms and Legal Supply Chains
ITGA said tobacco grower organizations from five Americas countries called for stronger regional cooperation and balanced regulation, warning that restrictive policies could pressure farmers and legal supply chains. The article also provides data on major tobacco-producing countries in the Americas.
Special Report
Jun.02
 Philip Morris Lowers Profit Outlook as Zyn Faces Competition and FDA Delays
Philip Morris Lowers Profit Outlook as Zyn Faces Competition and FDA Delays
According to Reuters, Philip Morris International (PMI) lowered its 2026 adjusted earnings-per-share forecast amid regulatory uncertainty around Zyn nicotine pouches, rising competition and shipment pressure in the U.S. market.
PMI
Jun.02
ATF Cancels Webloc Contract, Raising Questions Over Commercial Location Data in Enforcement
ATF Cancels Webloc Contract, Raising Questions Over Commercial Location Data in Enforcement
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has stopped using Webloc, a commercial phone-tracking tool, after lawmakers, a prosecutor and a judge raised legal and privacy concerns over warrantless use of ad-tech location data, a development that may affect data-use boundaries in U.S. enforcement against illicit tobacco, nicotine products and cross-border distribution networks.
Jun.29
China Tobacco International HK Warns First-Half Revenue May Fall 25%-30%, Tobacco Leaf and Duty-Free Exposure Highlight Reliance on Traditional Tobacco
China Tobacco International HK Warns First-Half Revenue May Fall 25%-30%, Tobacco Leaf and Duty-Free Exposure Highlight Reliance on Traditional Tobacco
CTIHK expects first-half 2026 revenue to fall 25%-30%, mainly due to lower tobacco leaf imports and delayed cigarette shipments to China’s domestic duty-free market. Its 2025 revenue mix—nearly 90% from tobacco leaf-related businesses and less than 1% from new tobacco products—shows continued exposure to traditional supply chains and trade variables.
Jun.18
Philippine Customs Seizes $2.22 Million in Misdeclared Vape Products From China
Philippine Customs Seizes $2.22 Million in Misdeclared Vape Products From China
The Philippine Bureau of Customs said it intercepted nine containers of misdeclared vape and vape-related products from China at the Manila International Container Port, with an estimated value of about ₱137 millionor, about $2.22 million.
Jul.10
South Korea Rejects 16 Trillion Won Tax-Evasion Claim Over Chinese Synthetic Nicotine
South Korea Rejects 16 Trillion Won Tax-Evasion Claim Over Chinese Synthetic Nicotine
The South Korean government rejected allegations that Chinese synthetic-nicotine e-liquids were linked to about 16 trillion won in tobacco tax evasion, saying China does not ban synthetic nicotine exports and the estimate is difficult to verify, while acknowledging that pre-law synthetic-nicotine inventory is effectively difficult to tax.
Market
Jun.25