UK High Court Finds PMI Heat-not-burn Patent Valid; Rejects BAT Request

On April 18, the High Court in London rejected an application by British American Tobacco (BAT) and its subsidiary Nicoventures to revoke two heated tobacco technology patents of rival Philip Morris (PMI), an ongoing dispute between the two companies. This is the latest ruling in an ongoing patent dispute between the two companies.

Judge Finds PMI Technology Patent Valid

On April 18, the High Court in London ruled that the patent for PMI's heat-not-burn technology system, which heats tobacco to the point where it is vaporized without burning it, is valid.

Associate Justice Michael Tappin KC said the differences between the original global patent application and the resulting European patent were not sufficient grounds for invalidating (PMI's) patents because they did not disclose any "new information (new information)."

Judge Tappin also ruled that a (BAT) 1998 patent application, the so-called "Pienemann" patent application, did not describe the same invention as detailed in PMI's two patent claims.

The patent disputes in this case mainly focus on two aspects. The first term is the "spray-forming substrate in the unheated upstream part" of the heating system for the heat-not-burn product. The second term is the length-dependent "additional material" of the heating element.

According to the judgment, BAT's "Pienemann" patent did not cover the thin film heater in the PMI patent but rather BAT's own "graphite loaded sheath." Accordingly, according to the judgment, two of PMI's patents were ruled valid.

The Patent War Between the Two Sides Continues

While the (PMI) patent was found valid, the court also said that BAT's "Glo" heated tobacco product did not infringe the patent, thereby avoiding an infringement counterclaim by PMI.

The ruling is the latest in an ongoing patent dispute between the two tobacco giants looking to capture the "unheated" tobacco market.

It is reported that PMI initially sued BAT and Nicoventures, a subsidiary of BAT that sells non-burn products. PMI claims they infringe several patents it holds for similar technology. This prompted BAT and Nicoventures to file countersuits seeking to invalidate the patents.

A spokesman for the BAT welcomed the patent court's non-infringement ruling on the glo product but had no comment on the "Pienemann" invalidation ruling; a PMI representative did not respond to requests for comment.

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

Reference:

Philip Morris Extinguishes BAT Tobacco Patent Challenge

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