“PMI also argued that even if patent infringement is discovered, it is not in the public interest to exclude IQOS from the United States.
On the 19th, according to foreign news reports, according to the U.S. International Trade Commission (ITC) website, the judge claimed that Philip Morris International’s IQOS device infringed two patents owned by British American Tobacco’s subsidiary Reynolds America.
The next step may be a review conducted by the entire committee, which has the right to discontinue product production in the United States and plans to complete the investigation on September 15.
IQOS is the only non-heated product approved for sale in the United States and is sold in the United States by Altria. Last year, the US Food and Drug Administration allowed the company to sell IQOS to reduce consumers’ exposure to harmful chemicals found in cigarettes.
Renault claims that PMI and Altria have copied the patented technology developed for its Vuse Vibe and Vuse Solo e-cigarette products and have applied for FDA approval. The company filed a complaint with ITC in April 2020.
Altria Group responded with its own patent infringement claims and filed a separate lawsuit against Reynolds in May. Altria Group also submitted an application to the US Patent and Trademark Office, questioning the validity of the six Reynolds patents.
The judge must determine whether such products are suitable for public health even if they are temporarily removed, and what alternatives are available to consumers.
Reynolds said it hoped that the judge would recommend an import ban, adding that unauthorized use of its invention would damage the company’s investment and innovation capabilities, thereby reducing the health impact of the business.
Philip Morris said that the judge’s findings were a long process, and a step that did not have an immediate effect, it would raise an objection to the committee.
British American Tobacco said that British American Tobacco’s litigation in the United States is part of a global plan.
PMI also argued that even if patent infringement is discovered, it is not in the public interest to exclude IQOS from the United States.
PMI executive chairman Andre Calantzopoulos (Andre Calantzopoulos) said that judges must determine whether or even the temporary removal of such products is suitable for public health, and what alternatives are available to consumers. If we delete an existing product and the only alternative that people have is cigarettes, then this is a consideration of public health benefits and must be considered.
