British American Tobacco Invalidates Philip Morris' E-Cig IP

Law360, London (July 14, 2021, 6:27 PM BST) -- A judge invalidated four Philip Morris patents for e-cigarette technology, siding with British American Tobacco on Wednesday and ruling that the developments were obvious in light of earlier advances.

The patents held by a Philip Morris International unit for a form of vaping technology "all lack an inventive step," High Court Judge Marcus Smith ruled.

As a result, he invalidated four patents for a "heated smoking system with [an] improved heater" that creates a tobacco "aerosol" through the use of an electrically powered device. The patents purportedly disclosed two aspects of the same invention: a heating element that acts as both a heater and...

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