Philip Morris Products SA & Anor v Nicoventures Trading Limited & Anor [2023] EWHC 2616 (Pat)
The latest judgment in a long running patent dispute between BAT and PMI over ‘heat not burn’ technology. The patent in suit was found invalid and not infringed. PMI’s claim for an Arrow type declaration was also rejected. The judgment contains some interesting discussion of the Court’s jurisdiction to grant Arrow relief, and the impact of features which are disclosed but not claimed on Actavis question 3.
Tom Alkin (instructed by & Powell Gilbert LLP) for the Claimants and Kathryn Pickard (instructed by Kirkland & Ellis International LLP) for the Defendants