Patents: Philip Morris v RAI
Author SimonDes Licence CC BY-SA 4.0 Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Meade) Philip Morris Products, SA and another v RAI Strategic Holdings, Inc and another [2021] EWHC 537 (Pat) (9 March 2021) This was an action for revocation of European Patent (UK) 3 398 460 B1 ("460") and European Patent (UK) 3 491 944 B1 ("944") and a counterclaim for infringement by the products shown above. The action and counterclaim came on for trial before Mr Jutrice Meade between 5 and 12 Feb 2021. At para [223] of his judgment in Philip Morris Products, SA and another r v RAI Strategic Holdings, Inc and another [2021] EWHC 537 (which he handed down on 9 March 2021, the learned judge held that the patents were invalid for added matter and obviousness but had the patents been valid they would have been infringed. The Inventions Both patents are divisionals from PCT Application WO 2008/108889 for a tobacco-containing smoking art...