Philip Morris Products SA & anr v RAI Strategic Holdings [2021] EWHC 537 (Pat) & anr
Decision of Meade J addressing infringement and validity of two BAT patents directed to ‘heat-not-burn’ tobacco technology. The Judge found that Philip Morris’s IQOS system would have infringed the patents if valid, but revoked these for added matter and lack of inventive step. The judgment contains an interesting discussion of added matter, especially impermissible intermediate generalisation.
Iain Purvis QC, Tom Alkin and Edward Cronan acted for Philip Morris Products. Kathryn Pickard acted for RAI Strategic Holdings.