Cases & Deals

R.J. Reynolds and Philip Morris engage in patent battle related to tobacco heating products and vaping products

Clients R.J. Reynolds Tobacco Company

Jones Day is representing R.J. Reynolds Tobacco Company ("Reynolds") and R.J. Reynolds Vapor Company ("RJRV") in several U.S. actions as part of its global patent dispute related to tobacco heating and vaping products. Reynolds filed patent infringement complaints against Philip Morris and Altria entities in the U.S. International Trade Commission and in the U.S. District Court in the Eastern District of Virginia, alleging that Philip Morris' IQOS tobacco heating product infringes a number of Reynolds' patents. In response, Altria filed a patent infringement complaint against RJRV in the Middle District of North Carolina alleging that certain RJRV Vuse vaping products (Alto and Vibe) and the VELO nicotine pouch products infringe Altria's patents. Shortly thereafter, Altria and the Philip Morris entities filed counterclaims on several more patents in the in the EDVA action, again alleging that certain RJRV Vuse vaping products – Alto, Vibe, Ciro and Solo – infringe the patents of Altria and the Philip Morris entities.

Jones Day is also representing Reynolds in seven Patent Trial and Appeal Board proceedings relating to the Reynolds patents in suit in the ITC and EDVA.

Certain Tobacco Heating Articles and Components Thereof, Investigation No. 337-TA-1199 (ITC); RAI Strategic Holdings, et. al. v. Altria, et. al., No. 1-20-cv-00393 (E.D. Va); Altria Client Services, et al. v. R.J. Reynolds Vapor Co., No. 1-20-cv-00472 (M.D.N.C.); Philip Morris Products, S.A. v. RAI Strategic Holdings, Inc., IPR Nos. 2020-00919, -00920, -00921, -01094, -01097, -01188; PGR No. 2020-00071 (PTAB)

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