recently, Philip．Morris International (PM) With the U. S. Food and Drug Administration (FDA) meet, Why should it be allowed PM And its parent company Altria (Altria) Importing and selling e-cigarettes in the United States Iqos Submit an argument.

Sources familiar with the matter said, PM inform FDA e-cigarette Iqos Is unique both in its design and in its ability to change smokers. In addition, PM Also indicated that, whereas FDA Is the agency responsible for regulating which tobacco products and alternatives can be sold, United States International Trade Commission (ITC) Has exceeded its authority.

PM Reynolds, a subsidiary of rival British American Tobacco (RJ Reynolds) Because of e-cigarettes Iqos Is involved in a patent dispute. 9 Late month, ITC adjudication Iqos The device violated Reynolds's 2 patent. The Biden administration is in the middle of a long term 60 day (Up to 11 month 29 day) Administrative review, To determine whether the sale and import of the cigarette substitute should be banned.

Altria gets PM authorize 2 It came out in the United States about a year ago Iqos equipment. The device heats the tobacco without burning it, Designed to provide users with as much nicotine as a cigarette, Without producing as many other toxins as cigarettes. although Iqos Is not Altria's main business in the United States, But it is part of the company's move away from traditional tobacco products, which are in declining demand.

In hearing include FDA Including a number of agencies after the opinion, The Office of the United States Trade Representative will report to Joe．Biden (Joe Biden) The president put forward a proposal. PM Deepak, head of the Americas region．Mishra (Deepak Mishra) In an interview with CNBC (CNBC) Said in an interview: "The presidential review process may disapprove in some ways ITC Final decision of. " Altria said it would continue to sell Iqos Good for public health. The device is owned in the United States 2 Ten thousand consumers, if Iqos Disappear from the shelves, They may return to traditional cigarettes.

Mishra said: "We believe the vast majority of people will go back to smoking. Iqos Close to the smell and ritual of cigarettes, That's why smokers turn to Iqos Reason for. " Mishra said, That's the argument the company plans to make, Because it can urge the Biden administration to overturn ITC award.

Sources familiar with the matter said, The next step in the administrative review is the meeting of the Trade Policy Advisory Board. The group includes FDA, Several federal agencies, including the U. S. Department of Agriculture and the Department of Commerce. Mishra also pointed out that, If the government sides with Reynolds in this dispute, Iqos Could be off the shelves in the United States for months, Because Reynolds filed a lawsuit with the U. S. Patent and Trademark Office (USPTO) A separate claim is made 6 to 12 It will take months to reach a verdict.

But Mishra said, Given the company's success in similar cases outside the United States, He is optimistic about the outcome. British American Tobacco is already in 11 The international market and the European Patent Office PM Similar legal action was taken. For Altria vs PM Speak of, Worst case scenario, The companies will have to go back to the drawing board, Move production to the United States or alter an existing design to avoid patent infringement claims.

when ITC When he ruled in favor of Reynolds, Reynolds American spokeswoman Kaylan．Horon (Kaelan Hollon) Said in a statement: "Infringing on our intellectual property undermines our ability to invest and innovate, To reduce the health impact of our business. Therefore, We will vigorously defend our intellectual property around the world. "

(Compiled from www. cnbc. com)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Liu Peng

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