In a ruling handed down recently, Britain's High Court struck down a case belonging to the tobacco products maker British American Tobacco (BAT) the 2 patent. This is about BAT With rival Philipp．Morris (PM) Between the two sides in a high-profile patent dispute.

The heating involved does not burn (heat-not-burn) Cigarettes use a lucrative technology. The high court ruled that the patent was invalid, Also dismissed BAT Tort claim. but, The judge acknowledged, If there is no ruling 2 Patent invalidity, PM infringement. this 2 Each patent relates to an aerosol production equipment (The patent number is EP3398460B1) And a cigarette that uses an aerosol production device (The patent number is EP3491944B1) .

The technology to heat cigarettes without burning them is lucrative in the ruling, The heat-not-burn cigarette technology is described as: Cigarettes are heated to produce a nicotine-containing aerosol, They release less toxic substances than combustible cigarettes. The heating and non-combustion technology differs from vaping, The latter uses a battery heating device to vaporize the liquid in the container. PM We will vigorously expand the business of heating and non-burning cigarettes, Have invested 80 More than $100 million was launched in several countries IQOS Tobacco heating system.

On the other hand, BAT Continue to provide consumers with smoking paraphernalia, Such as steam smoke, E-cigarettes and traditional tobacco products. The dispute began in Japan and the global dispute began in 2018 years, At that time PM In Japan BAT The heated tobacco products filed patent infringement lawsuits.

2020 Nian Chun, BAT Launch a counterattack, To the U. S. International Trade Commission (ITC) complaint PM. BAT subsidiary Nicoventures Also in the Munich District Court and in the United Kingdom PM File a patent infringement suit. Nicoventures for BAT New nicotine products have been developed, In order to GIo Brand name sales. but, in Nicoventures After filing a lawsuit in a German court, PM Launch a counterattack, Take the annulment to the courts in England BAT Patent action. Former trial judge of the UK High Court, Colin．Persia (Colin Birss) Out of "Commercial reason" The proceedings were expedited (2021 years 2 Monthly trial) , To ensure that British hearings take place before infringement proceedings in Germany.

In Munich, BAT Control of EP460 and EP944 All patents are in dispute, The Munich District court will decide 2021 years 11 monthly EP460 Oral hearing for patent No. Before that, EPO Will be in 6 A ruling on the patent objections was issued in mid-month. The Munich District court will be in 6 Early hearing EP944 Patent infringement case No. The current presiding Judge of the British High Court, Richard J．Mead (Richard Meade) adjudication EP460 and EP944 The patent is due to additional matters (added matter) obvious, Therefore invalid. About heating cigarettes without burning them, BAT Preliminary injunctions have also been filed in other European jurisdictions, Including Bulgaria, Czech Republic, Poland and Romania. Parallel proceedings are under way in Italy. Till now, None of the lawsuits were successful.

On the other hand, The British courts will be in 5 May hear another case, BAT Strive to make PM the 5 Patent invalidity. PM Also to the European Patent Office BAT the 2 A patent has been challenged. Same as Meade, EPO adjudication EP460 Patent No. 1 is invalid due to additional matters. but, Another oral hearing will be held 2021 years 6 monthly. Relevant control EP944 No date has been set for a hearing on the patent.

(Compiled from www. juve-patent. com)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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