The outcome
RAI Strategic Holdings, Inc., R.J. Reynolds Vapor
Company, and R.J. Reynolds Tobacco Company (collectively “Reynolds”) filed a complaint at the International
Trade Commission alleging that respondents Philip Morris
Products S.A., Philip Morris USA, Inc., and Altria Client
Services LLC (collectively “Philip Morris”) violated Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, through
the importation and sale of tobacco products that infringed
certain claims of U.S. Patent Nos. 9,901,123 and 9,930,915.
After conducting a Section 337 investigation, the Commission barred Philip Morris and its affiliates from importing
products infringing the asserted patents. Philip Morris appeals, contending that the Commission failed to “consult
with, and seek advice and information from” the Department of Health and Human Services (HHS) as required by
Section 337. In addition, Philip Morris challenges the
Commission’s determinations on public interest, domestic
industry, patent validity, and infringement. For the reasons set forth below, we affirm the Commission’s decision
in full.
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