RAI STRATEGIC HOLDINGS v. PHILIP MORRIS PRODUCTS

2022-1862.

92 F.4th 1085 (2024)

RAI STRATEGIC HOLDINGS, INC., Appellant v. PHILIP MORRIS PRODUCTS S.A., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 9, 2024.


Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, Washington, DC, argued for appellant. Also represented by Amelia A. Degory ; Robert Breetz , David B. Cochran , Kenneth Luchesi , David Michael Maiorana , Cleveland, OH; Joshua R. Nightingale , Pittsburgh, PA.

Jonathan M. Strang , Latham & Watkins LLP, Washington, DC, argued for appellee. Also represented by Gabriel K. Bell , Maximilian A. Grant , David Zucker .

Before Chen, Stoll, and Cunningham, Circuit Judges.


RAI Strategic Holdings, Inc. appeals the Patent Trial and Appeal Board's final written decision in a post-grant review (PGR) holding certain claims of U.S. Patent No. 10,492,542 unpatentable as obvious or lacking written description. We affirm-in-part, vacate-in-part, and remand. Specifically, we hold that substantial evidence...

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