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U.S. Court Of Appeals For The Federal Circuit Ruled In Favor Of Healthier Choices Management Corp. On Two Separate Appeals It Had Filed In Its Patent Infringement Action Against Philip Morris USA, Inc. And Philip Morris Products S.A.

Benzinga ·  Apr 12, 2023 13:30

Healthier Choices Management Corp. (OTC:HCMC) announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia.

In the first appeal, HCMC appealed the ruling of the District Court dismissing HCMC's patent infringement action and denying HCMC's motion to amend its pleading. In the second appeal, HCMC appealed the District Court's award of attorneys' fees to Philip Morris. In its decisions today, the Federal Circuit ruled for HCMC by reversing both of those decisions and remanded the case back to the District Court for further proceedings.

Jeff Holman, CEO of HCMC, had this to say, "We are gratified to have won our appeals and now have the opportunity to resume pursuing our infringement claims in the District Court against Philip Morris for its IQOS device."

Mr. Holman concluded, "For the sake of clarity, the Appellate Court's decisions both reinstate our infringement claim and also cancels the attorneys' fees award previously granted to Philip Morris in this case. We are looking forward to having our day in court."

The case is Healthier Choices Management Corp., v. Philip Morris USA, Inc., Philip Morris Products S.A., case no. 2022-1268. The full opinion of the U.S. Court of Appeals for the Federal Circuit can be found on HCMC's website at

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