Philip Morris facing new IQOS patent challenge
Philip Morris International (PMI) is facing another patent infringement lawsuit over its IQOS tobacco heating system in the US.
The tobacco company has identified IQOS as a flagship product as it looks to diversify its business from cigarettes. The product works by using a battery-powered system to heat, rather than burn, tobacco.
Earlier this week, Vape Store owner Healthier Choices sued the company at the US District Court for the Northern District Of Georgia, claiming the IQOS range infringes its patent for an “electronic pipe”.
“We are pleased that after a lengthy and careful analysis, a law firm with the patent litigation reputation and strength of Cozen O’Connor will be enforcing our patent rights,” said Healthier Choices CEO Jeff Holman.
“We look forward to proving our allegations of infringement in this matter and intend to continue to move forward against any and all companies that infringe upon our intellectual property in both the tobacco and cannabis categories,” Holman added.
PMI is currently defending two other separate legal challenges filed by rival RJ Reynolds, in a Virginia district court and at the US International Trade Commission.
The ITC is investigating the complaint filed by British American Tobacco (BAT)-owned RJ Reynolds, which seeks a ban on Philip Morris importing the allegedly infringing products into the US. The case in Virginia is also pending.
Philip Morris has responded with counterclaims of its own against the BAT subsidiary. According to Philip Morris, key features of BAT’s Vuse vape and e-cigarette products infringe PMI’s own patents.
PMI has also been active in asserting trademark rights for the IQOS brand, including unsuccessful attempts to cancel rival marks.
In April, the UK Intellectual Property Office (IPO) rejected PMI’s opposition to a ‘Veeik’ logo, filed by Chinese company Shenzhen Wanna Tec.
The previous month, the IPO also ruled against PMI in an opposition to All Vape’s ‘QIS’ mark, covering e-cigarettes and related products such as chargers, cartridges, and liquids.
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