RJ Reynolds Gets PTAB To Review Philip Morris E-Cig Patent

By Britain Eakin (September 15, 2021, 9:30 PM EDT) -- The Patent Trial and Appeal Board has agreed to review a Philip Morris e-cigarette patent, rejecting its argument that the board should deny the petition from R.J. Reynolds in light of the state of parallel litigation in the Eastern District of Virginia.

In a decision issued Monday, the PTAB said a holistic view of the six factors laid out in its precedential Fintiv decision for determining when patent reviews should be denied in light of pending parallel litigation doesn't favor denying review of R.J. Reynolds' U.S. Patent No. 10,555,556.

The patent is one Philip Morris has asserted in counterclaims in R.J....

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