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Home > Judicial Development > US&UK > Patent

R.J. Reynolds loses appeal in $95 million Altria e-cigarette patent case

Post time：12-20 2024 Source：Reuters Author：Blake Brittain

tags： e-cigarette patent case

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Dec 19 - A U.S. appeals court on Thursday upheld a $95.2 million jury verdict for tobacco giant Altria (MO.N) in a patent dispute with rival R.J. Reynolds over e-cigarette technology.

The U.S. Court of Appeals for the Federal Circuit affirmed a North Carolina jury's decision that vaping devices from RJR's top-selling Vuse line infringed three Altria e-cigarette patents.

Spokespeople and attorneys for RJR and Altria did not immediately respond to requests for comment on the decision.

Richmond, Virginia-based Altria sued RJR in 2020 for infringing patents covering vaping devices with pods for storing and heating liquid nicotine. It asked the court for royalties from sales of RJR's Vuse Alto e-cigarettes.

A jury in Greensboro, N.C., agreed with Altria in 2022 and awarded it $95.2 million in damages for RJR's patent infringement. Winston-Salem, N.C.-based RJR argued to the Federal Circuit that its products did not infringe, the patents were invalid and the damages were excessive.

A three-judge Federal Circuit panel rejected RJR's arguments on Thursday. U.S. Circuit Judge William Bryson said in a partial dissent that he would have granted RJR's request for a new trial on damages unless Altria agreed to give up "approximately half" of the award.

The case is Altria Client Services LLC v. R.J. Reynolds Vapor Co, U.S. Court of Appeals for the Federal Circuit, No. 23-1546.

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