Wednesday, June 16, 2021 2:07:07 PM
"On June 14, 2021, Philip Morris Products S.A. (“Philip Morris”) filed a petition with the Patent Trial and Appeal Board (the “PTAB”) of the U.S. Patent and Trademark Office seeking to institute inter partes review (“IPR”) proceedings to invalidate Healthier Choices Management Corp.’s (the “Company”) U.S. Patent No. 10,561,170 (the “Patent”).
If Philip Morris’ IPR petition is accepted by the PTAB, the Company will have three months to optionally file a preliminary response. Within three months of the Company’s preliminary response or six months from acceptance of Philip Morris’ IPR petition, the PTAB will decide whether to institute or deny the IPR proceedings. If the PTAB institutes IPR proceedings, then within one year of institution the PTAB will issue a final written decision as to the validity of some or all of the claims in the Patent.
The Company is currently reviewing Philip Morris’ IPR petition and intends to vigorously oppose the institution of the IPR proceedings and, if the IPR proceedings are instituted, to vigorously defend the validity of the Patent.
The Company previously filed a patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as “IQOS®.” The lawsuit was brought based on IQOS’ infringement on the Patent. The lawsuit was filed in the United States District Court for the Northern District of Georgia and is ongoing.
On June 16, 2021, the Company issued a press release announcing the receipt of the IPR petitions. A copy of the press release is attached as Exhibit 99.1.
Item 9.01
Financial Statements and Exhibits
(d) Exhibits.
Exhibit
Number
Description
99.1
Press release of Healthier Choices Management Corp. dated June 16, 2021 regarding brought by Philip Morris"
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