Healthier Choices Management Faces Setback Following Patent Ruling

Healthier Choices Management Corp. (HCMC) recently encountered a setback as the U.S. Court of Appeals for the Federal Circuit denied an appeal related to a decision by the United States Patent and Trademark Office Patent Trial and Appeal Board (the Board). The ruling pertained to an inter partes review of an HCMC patent that was previously granted.

The Board concluded that the patent, which was central to HCMC’s patent infringement case against Philip Morris USA, Inc. and Philip Morris Products S.A., was not patentable. Additionally, the Board denied HCMC’s request to amend the claims should the patent be deemed invalid.

Following this decision, HCMC reserves the option to request a rehearing either by the panel of the Federal Circuit that rendered the appeal ruling or by the entire Federal Circuit. HCMC is currently assessing these avenues. Should HCMC choose not to pursue a rehearing, it will be obligated to dismiss the patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. that is currently pending in the district court for the Northern District of Georgia.

The company advised that it is deliberating its next steps in response to the recent ruling. No exhibits were filed alongside this 8-K SEC filing by Healthier Choices Management Corp.

This report was signed by Jeffrey E. Holman, the Chief Executive Officer of Healthier Choices Management Corp., on November 29, 2024.

This article was generated by an automated content engine and was reviewed by a human editor prior to publication. For additional information, read Healthier Choices Management’s 8K filing here.

About Healthier Choices Management

Healthier Choices Management Corp. operates natural and organic retail stores in the United States. The company operates in two segments, Grocery and Vapor. The company operates Ada's Natural Market and Paradise Health & Nutrition stores that offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health and beauty products, and natural household items; Mother Earth's Storehouse and Ellwood Thompson stores, which provide organic and health foods, and vitamins; and Greens Natural Food stores that offers organic produce and non-GMO groceries and bulk foods, various local products, juice and smoothie bar, fresh foods, vitamins and supplements, and health and beauty products.