US Court Reverses Decision in PMI Patent Lawsuit

On April 17th, the US Federal Circuit Court of Appeals (CAFC) overturned a district court ruling. The lower court had dismissed a patent lawsuit brought by the Florida-based e-cigarette company, HCM, against Philip Morris International (PMI).

Electronic cigarette company HCM files lawsuit against PMI for copyright infringement.

Tobacco giant Philip Morris International (PMI) has been hit with a patent infringement lawsuit by electronic cigarette company Healthier Choices Management (HCM) from Florida, USA. HCM has accused PMI of violating its e-cigarette pipe patent, US patent number 10,561,170. Following the suit, a district court ruled that PMI did not infringe on the patent and dismissed HCM's request for amendment. PMI was also awarded compensation for legal fees.

The primary dispute between the two companies is whether or not a product from PMI could cause a combustion reaction. HCM alleges that PMI's product did indeed cause a combustion reaction, while PMI claims that the product is non-combustible. If the product is found to cause combustion, it would confirm PMI's infringement of HCM's patent.

However, the local court sided with PMI and deemed that the additional exhibits provided by HCM demonstrated that PMI's product did not use combustion technology. As a result, no infringement was found and the case was dismissed.

HCM has filed an appeal against the ruling.

HCM has appealed the ruling to the United States Court of Appeals for the Federal Circuit (CAFC). The CAFC upheld HCM's appeal, stating that the lower court incorrectly dismissed the plaintiff's appeal and denied their request to amend the lawsuit. The CAFC overturned the attorney's fee compensation awarded to PMI and instructed the case to be reheard.

It is worth noting that HCM also requested the case to be heard by other judges, but this request was denied by CAFC. The case has now been remanded for a second trial before Judge Timothy C. Batten of the U.S. Northern District Court in Georgia.

Related reading:

A US federal court has rejected PMI's request for a permanent ban on VUSE, but Reynolds must pay patent fees to PMI.

On Monday, a U.S. court upheld the import ban on IQOS imposed by the International Trade Commission (ITC). Philip Morris International (PMI) stated that they will still plan to enter the U.S. market in May of next year.

3. Argentina's ban on heated but not burned tobacco products leads PMI to pause investment of hundreds of millions of dollars in IQOS. 4. According to PMI's 2022 comprehensive report, revenue from smoke-free products accounts for 32.1% of total net revenue, with plans to become a smoke-free company by 2025.

Reference(s):

The United States Appeals Court has restored the Philip Morris patent case.