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US ITC to probe Philip Morris, Altria over alleged patent infringement

The U.S. International Trade Commission said May 12 it will investigate certain tobacco-heating components in devices developed by Philip Morris International Inc. and distributed by Altria Group Inc. following a complaint filed by R.J. Reynolds Tobacco Holdings Inc.

The complaint filed by R.J. Reynolds and its vaping and tobacco units alleges that features of Philip Morris and Altria's IQOS tobacco-heating device infringed on the U.S. patents for their heated tobacco device called Glo.

R.J. Reynolds alleges that the IQOS system "knowingly and intentionally" infringes on at least five of its patents, which are directed to "devices and components thereof that provide adult tobacco consumers with a smoking alternative to traditional cigarettes."

The complainants requested that the federal agency issue a limited exclusion order and cease and desist orders on the products. The U.S. International Trade Commission said it has not yet made any decision on the merits of the case.

In response to the move, Philip Morris said in a statement that the allegations are without merit and that the company is fully prepared to defend itself.

R.J. Reynolds Tobacco Holdings is owned by Reynolds American Inc., which is a subsidiary of British American Tobacco PLC. British American Tobacco has filed a separate complaint against Philip Morris and Altria in a federal court in Virginia, in which it seeks preliminary and permanent injunctive relief as well as treble damages.

Altria could not immediately be reached by S&P Global Market Intelligence for a comment.