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

*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. 

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
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
Pennsylvania Vape Directory Enforcement Starts Oct. 19, Barring Retail Sales of Unlisted Products
Pennsylvania Vape Directory Enforcement Starts Oct. 19, Barring Retail Sales of Unlisted Products
Pennsylvania's Act 57 vape directory regime will reach the end of its 120-day inventory transition period on Oct. 19. Nicotine-containing e-cigarettes intended for retail sale in the state that are not listed on the Attorney General's ENDS directory will then be barred from retail sale and treated as contraband subject to seizure, forfeiture and destruction. Manufacturers face annual product certification, brand- and style-based fees and a minimum $50,000 surety bond, while retailers and wholesalers must source through licensed channels and monitor the directory.
Regulations
Oct.08
U.S. Customs Plan to Require Foreign Export Declarations Could Deal ‘Devastating’ Blow to China’s Vape Exports, Logistics gl Expert Says
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
GAO Audit Finds Nearly 132,000 FDA Tobacco Applications Waiting an Average 1,266 Days as Nicotine Pouch Pilot Practices Move Into Vape PMTA Reviews
GAO Audit Finds Nearly 132,000 FDA Tobacco Applications Waiting an Average 1,266 Days as Nicotine Pouch Pilot Practices Move Into Vape PMTA Reviews
A U.S. Government Accountability Office audit found that 131,915 tobacco product applications submitted to the FDA since 2018 remained without a final review as of December 31, 2025, with pending applications waiting an average of 1,266 days. GAO also found FDA lacks the data needed to systematically determine whether scientific reviews meet applicable timelines. HHS agreed to upgrade the agency's tracking systems. At the same time, FDA has begun applying lessons from its nicotine pouch PMTA pilot to e-cigarette reviews, while changes to enforcement policy and electronic submissions are making the specific stage of a PMTA increasingly relevant to market access.
FDA
Oct.03
U.S. Rep. Krishnamoorthi Questions FDA Over Planned PMTA Rewrite, Seeks Communications With Altria and Reynolds
U.S. Rep. Krishnamoorthi Questions FDA Over Planned PMTA Rewrite, Seeks Communications With Altria and Reynolds
U.S. Rep. Raja Krishnamoorthi on Oct. 6 questioned the FDA over its plan to reassess and potentially replace the 2021 PMTA regulatory framework, asking the agency to identify provisions it may change or eliminate, state whether current scientific evidentiary standards will be maintained, and disclose communications with Altria, Reynolds and other parties challenging the rule. Krishnamoorthi led a congressional investigation into JUUL and youth vaping in 2019 and has since remained active on e-cigarette regulation and enforcement.
Regulations
Oct.08
Virginia Tobacco Retail Permit Takes Effect October 1, Covering Vapes as More Than 3,000 Businesses Apply in September
Virginia Tobacco Retail Permit Takes Effect October 1, Covering Vapes as More Than 3,000 Businesses Apply in September
Virginia's new retail tobacco permit system took effect October 1, requiring sellers of vapes, nicotine products and related devices and accessories to obtain a Retail Tobacco Permit for each business location. Virginia ABC said more than 3,000 businesses applied in September alone, creating a processing backlog. Qualifying applicants that filed before October 1 may temporarily operate under a Letter of Authorization. The new store-level permit also sits alongside Virginia's existing vape product directory, where sales of unlisted liquid nicotine or nicotine vapor products can trigger civil penalties starting at $5,000.
Regulations
Oct.03