Philip Morris Says Fintiv Misuse Requires Reexam for Vape Patent

Philip Morris Products S.A. urged an administrative tribunal Thursday to reconsider a patent validity review denied under a controversial precedent, saying the patent office director has since pointed to the case as an example of one that shouldn’t be denied.

The Patent Trial and Appeal Board in late 2020 declined to examine the validity of claims in RAI Strategic Holdings Inc.'s US Patent No. 9,901,123, which covers designs for an electric vape that heats tobacco without burning it.

At the time, the board said an already-underway proceeding at the International Trade Commission was enough to foreclose PTAB review under ...