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Philip Morris claim invalidates rival e-cigarette patent, US Federal Circuit affirms

( November 25, 2024, 21:52 GMT | Official Statement) -- MLex Summary:  Tobacco giant Philip Morris succeeded in an attempt to invalidate the patent of a rival e-cigarette company after the the US Court of Appeals for the Federal Circuit affirmed a lower court ruling Friday. Philip Morris filed an inter partes review challenge against Healthier Choices Management Corp. (HCMC) with the Patent Trial and Appeal Board (PTAB) in 2020, alleging that HCMC’s e-cigarette patent infringes on its own patent for an e-cigarette device.  PTAB invalidated the claims of HCMC’s patent, U.S. Patent No. 10,561,170, finding that all eight of the claims were unpatentable due to anticipated prior art. The Board also ruled against HCMC’s attempt to modify its claims, finding that the amended claims introduce new concepts against patent rules.  The Federal Circuit affirmed both parts of the PTAB decision, invalidating the patent and upholding the Board’s rejection of the motion to amend patent claims.Opinion attached....

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