Altria Group, NJOY Challenge ITC’s Authority in Patent Dispute

Altria Group Inc. and NJOY LLC challenged the US International Trade Commission constitutional authority to resolve patent disputes in a new federal lawsuit Friday.

ITC’s structure and procedures violate the US Constitution’s Appointments Clause, separation of powers principles, and the right to a jury trial, the related e-cigarette entities allege in the US District Court for the Eastern District of Virginia. The suit seeks to halt an ongoing ITC investigation into alleged patent infringement by the companies’ e-vapor products.

The ITC’s inquiry must be “adjudicated by an Article III court, rather than an administrative tribunal like the commission,” the companies ...