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ARTICLE · 21 JUNE 2021

ALJ Cheney Issues Initial Determination In Certain Tobacco Heating Articles (337-TA-1199)

On June 3, 2021, the ITC released the public version (see Part I, Part II, Part III, Part IV) of the final initial determination ("ID") issued by ALJ Clark S. Cheney finding a violation of section 337...

United StatesIntellectual Property

On June 3, 2021, the ITC released the public version (see  Part I, Part II, Part III, Part IV) of the final initial determination ("ID") issued by ALJ Clark S. Cheney finding a violation of section 337 in Certain Tobacco Heating Articles and Components Thereof (Inv. No. 337-TA-1199).

By way of background, this investigation was based on an April 9, 2020 complaint filed by RAI Strategic Holdings, Inc.; R.J. Reynolds Vapor Company; and R.J. Reynolds Tobacco Company (collectively, "Complainants") alleging violations of section 337 by Respondents Altria Client Services LLC; Altria Group, Inc.; Philip Morris USA, Inc.; Philip Morris International Inc.; and Philip Morris Products S.A. (collectively, "Respondents") through the importation and/or sale of certain tobacco heating articles that infringed one or more claims of U.S. Patent Nos. 9,839,238 ("the '238 patent"); 9,901,123 ("the '123 patent"); and 9,930,915 ("the '915 patent") (collectively, the "Asserted Patents").

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