Summary
Philip Morris International Inc. (PMI) announced a significant settlement agreement with British American Tobacco (BAT) through its subsidiary Nicoventures Trading Limited (NVT). This agreement, effective February 1, 2024, for an eight-year term, resolves ongoing legal disputes and intellectual property claims related to their respective heated-not-burn (HNB) and e-vapor products globally. Key aspects of the settlement include the dismissal of pending legal proceedings, a request for the rescission of a 2021 International Trade Commission (ITC) order that restricted PMI's HNB product imports into the US, and mutual releases from past, present, and future claims concerning the litigated products. This resolution is crucial for PMI as it removes legal uncertainties and potential import barriers, allowing for a clearer path for its product portfolio, particularly in the US market, and fosters a more predictable operating environment for future innovation in the reduced-risk products category.
Key Highlights
- 1Philip Morris International (PMI) and British American Tobacco (BAT) have entered into a global settlement agreement concerning their respective heated-not-burn (HNB) and e-vapor products.
- 2The eight-year agreement, effective February 1, 2024, resolves significant legal disputes and patent infringements between the two major tobacco companies.
- 3The settlement includes the dismissal of pending litigation and a joint request to rescind the September 2021 ITC Limited Exclusion Order that previously restricted PMI's HNB product imports into the United States.
- 4Both parties receive mutual releases from existing and future claims related to the specific products and intellectual property involved in the litigation.
- 5The agreement allows both PMI and BAT to introduce future HNB and e-vapor products, with specific provisions for royalty payments based on patent usage.
- 6The settlement provides a framework for ongoing research and development, manufacturing, and distribution of products, including covenants not to sue on both royalty-free and royalty-bearing bases.
- 7This resolution removes significant legal uncertainty for PMI, potentially facilitating smoother market access and operations for its reduced-risk product portfolio.