Nicoventures Trading Ltd v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) (18 April 2023)

Nicoventures Trading Ltd v Philip Morris Products SA & Anor [2023] EWHC 854 (Pat) (18 April 2023)

The 323 patent is invalid for obviousness over Pienemann as the claimed features would have been obvious to the skilled team in light of the prior art and common general knowledge. The 225 patent is also invalid as it stands or falls with the 323 patent. The added matter attacks fail. As the patents are invalid, the infringement claim does not succeed.

Citation
[2023] EWHC 854 (Pat)
Parties
Claimant/first Part 20 Defendant: Nicoventures Trading Limited; Defendant/part 20 Claimant: Philip Morris Products S.A.; Second Part 20 Defendant: British American Tobacco (Investments) Limited
Jurisdiction
England and Wales
Judgment Date
18 April 2023
Procedural Posture
Patent Revocation and Infringement / High Court Trial Judgment
Outcome
Patents revoked for invalidity (obviousness); infringement claim dismissed.
Legal Topics
Patent Validity, Obviousness, Added Matter, Patent Infringement, Heat Not Burn Tobacco Technology
Intellectual Property Patents Patent Validity Obviousness Added Matter Patent Infringement Heat Not Burn Tobacco Technology

Case Brief

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Parties

Nicoventures Trading Limited

Claimant/first Part 20 Defendant

Philip Morris Products S.A.

Defendant/part 20 Claimant

British American Tobacco (Investments) Limited

Second Part 20 Defendant

Procedural Posture

Patent Revocation and Infringement / High Court Trial Judgment

Legal Issues

  1. 1 Whether European Patents (UK) 3 266 323 and 3 741 225 are invalid for obviousness over WO 00/28843 (Pienemann)
  2. 2 Whether the patents are invalid for added matter compared to the PCT disclosure
  3. 3 Whether BAT's 'glo' devices infringe the 323 patent

Ratio Decidendi

The 323 patent is invalid for obviousness over Pienemann as the claimed features would have been obvious to the skilled team in light of the prior art and common general knowledge. The 225 patent is also invalid as it stands or falls with the 323 patent. The added matter attacks fail. As the patents are invalid, the infringement claim does not succeed.

Court Disposition

Patents revoked for invalidity (obviousness); infringement claim dismissed.

Orders

  • European Patents (UK) 3 266 323 and 3 741 225 are revoked.
  • Counterclaim for infringement is dismissed.