Philip Morris Loses Bid to Flip Ban of Its Heated-Tobacco Sticks

March 31, 2023, 9:29 PM UTC

A Philip Morris International Inc. subsidiary failed to convince the Federal Circuit to overturn a US trade agency’s order barring imports of heat-not-burn tobacco products that infringe two patents held by a unit of British American Tobacco Plc.

The US International Trade Commission’s decision was affirmed “in its entirety” in a precedential opinion issued Friday by the US Court of Appeals for the Federal Circuit.

An ITC notice in the Federal Register was enough to satisfy a statutory requirement that the commission “consult” with the US Food and Drug Administration before banning the import of Philip Morris’ IQOS heated ...

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