Philip Morris Knocks Out Parts of Vape Patent at Board (1)

Tobacco behemoth Philip Morris Products SA, owned by Philip Morris International Inc., convinced an administrative tribunal to invalidate parts of an RAI Strategic Holdings Inc. patent covering a vape design as obvious in light of previous e-cigarette patents.

The Patent Trial and Appeal Board said Thursday that two claims in US Patent No. 9,814,268, which covers “a tobacco-containing, electrically-powered smoking article” designed to burn a minimal amount of tobacco, can’t stand.

In 2020, RAI and British American Tobacco Plc’s RJ Reynolds Vapor Co. launched an infringement lawsuit against Philip Morris, asserting six patents, including the ‘268 patent. In ...