BAT Says Philip Morris' Hindsight Shouldn't Invalidate E-Cig IP

Law360, London (February 12, 2021, 5:57 PM GMT) -- An attorney for British American Tobacco wrapped up his closing arguments on Friday in the company's patent battle with Philip Morris over e-cigarette technology, arguing that the rival giant's expert was relying too heavily on hindsight.

The lawyer representing the BAT subsidiaries RAI Strategic Holdings Inc. and Nicoventures Trading Ltd. told the High Court as the trial wound down that hindsight had shaped an assertion by Philip Morris' analytical chemist that the principal BAT invention would be obvious to a tobacco industry team because of earlier product innovations.

The High Court trial is focused on patents owned by RAI for a reusable...

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