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

No. 2022-1862.

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,


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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