Philip Morris Obtains Claims in Rival’s E-Cig IP at PTAB

By Britain Eakin (July 1, 2022, 6:55 p.m. EDT) – The Patent Trial and Appeal Board has invalidated two claims in an RJ Reynolds vaping patent, marking another patent victory for Philip Morris after a federal jury in Virginia awarded him $10.8 million last month in a sprawling clash between the big tobacco companies.

Thursday’s ruling capped an uphill battle for Philip Morris, after the PTAB initially denied his petition under the controversial Fintiv precedent, which allows the board to refuse patent examination when parallel litigation in the district courts is at an advanced stage. The board found that the two claims of the patent, which belongs to the unit RJ Reynolds RAI Strategic Holdings…

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