On December 19, 2024, Weil delivered a significant victory in the Federal Circuit for client Altria Services LLC against R.J. Reynolds Vapor Company in a patent appeal related to Altria’s patents for e-vapor devices. The win affirms a jury award of $95 million in damages for past infringement and a court-ordered ongoing royalty at a rate of 5.25% of sales of Reynolds’ Vuse Alto product through the life of Altria’s patents.

In its opinion, issued just two and a half weeks after oral argument by Mark A. Perry, Co-Head of Weil's Appeals and Strategic Counseling practice, the federal circuit affirmed the jury verdict and rejected Reynolds’ various objections. The court found that the patents were valid and infringed, and that the jury’s damages award and royalty rate was proper, delivering an across-the-board victory for Altria. Mark’s team for this appeal included Weil partner Robert Niles-Weed and associates Daniel Lifton, Jon Ward and Joseph Nelson.