Is this the end for Philip Morris IQOS, or will they be able to overcome this hurdle and get their devices back into the USA?
Both Philip Morris and Altria Group have been forced to stop importing their IQOS vaporizers or e-cigarettes into the United States after a recent deadline passed without any action by the current administration to prevent it.
The International Trade Commission ordered the ban in September after it was discovered that the IQOS infringed on two of Reynold’s America patents for e-cigarettes. The order then entered a 60-day presidential review period, but as of the time of writing, the administration had failed to interfere, and the ban automatically took effect.
An email was sent on Monday by the representative of U.S. Trade, which confirmed that no action had been taken on the matter. By taking no action, the ban was automatically triggered.
What’s Next for Philip Morris?
It’s not all wrapped up yet, and Philip Morris still has an avenue to appeal if they take the matter to the U.S. Court of Appeals for the Federal Circuit in Washington. However, in an emailed statement, Philip Morris said they were disappointed with the outcome so far.
“Our contingency plans to return IQOS to the U.S. market are underway,” it said in an emailed statement. “The U.S. patent office is also reviewing certain claims of the patents in question with initial rulings expected in 2022, albeit subject to an appeal process.”
Regardless of the outcome of any appeals, Philip Morris still has several options, including moving production of the IQOS to the United States or modifying the device before it’s imported to avoid patent infringements. Unfortunately, neither options are great, and both choices could end up requiring the device to be approved again, which would end up being costly and time-consuming.
If Philip Morris hoped for the current administration to intervene, it was a long shot. Only once in the last three decades has any administration chosen to go against recommendations by the International Trade Commission.
Philip Morris is arguing against the ban on two facts. One, that their product provides a safer and healthier way for Americans to quit smoking and that the patents aren’t legally accurate. They have claimed that the Patent and Trademark Office is taking a closer look at the patents after determining there’s a “reasonable likelihood” that at least some of the patent claims are invalid.
A final decision on the Reynolds patents is expected sometime in January 2022, but until then, we’ll just have to wait and see how this case plays out.
Philip Morris IQOS Barred from Entry Into the United States? – Conclusion
Situations are fluid and can change rapidly, especially when you’re dealing with governments and large bureaucracies. We’ll always do our best to ensure that we keep up-to-date with the latest news, especially when it’s vaping news.
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