Philip Morris’ Challenge to Vape Patent Defeated on Appeal (1)

Philip Morris Products SA failed to convince a federal appeals court to revive its administrative challenge to a vape patent—one of several asserted against the company in a Virginia lawsuit.

A three-judge panel of the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board decision from March 2022 on Thursday, snuffing out Philip Morris’ challenge to US Patent No. 9,901,123, covering vape or e-cigarette technology owned by RAI Strategic Holdings Inc.

RAI and British American Tobacco Plc’s RJ Reynolds Vapor Co. sued Philip Morris in 2020 alleging infringement of six patents, including the ...