Vaping Patent Ruled Invalid by Board in Win for Philip Morris

Philip Morris Products SA won an administrative challenge wiping out a patent that the tobacco giant was accused of infringing in a federal lawsuit.

Though Philip Morris escaped that suit, the Patent Trial and Appeal Board ruled Thursday that all 8 of the patent’s claims were invalid, as the ideas they meant to protect were anticipated by an earlier patent. The board also denied patent owner Healthier Choices Management Corp.'s motion to amend its patent claims.

The company and Philip Morris USA were sued by Healthier Choices Management Corp. in November 2020 over alleged infringement of a patent for an ...