Item 8.01 Other Events
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If Philip Morris' IPR petition is accepted by the PTAB, the Company will have three months to optionally file a preliminary response. Within three months of the Company's preliminary response or six months from acceptance of Philip Morris' IPR petition, the PTAB will decide whether to institute or deny the IPR proceedings. If the PTAB institutes IPR proceedings, then within one year of institution the PTAB will issue a final written decision as to the validity of some or all of the claims in the Patent.
The Company is currently reviewing Philip Morris' IPR petition and intends to vigorously oppose the institution of the IPR proceedings and, if the IPR proceedings are instituted, to vigorously defend the validity of the Patent.
The Company previously filed a patent infringement lawsuit against
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Item 9.01 Financial Statements and Exhibits
(d) Exhibits. Exhibit Number Description 99.1 Press release ofHealthier Choices Management Corp. datedJune 16, 2021 regarding brought by Philip Morris 1
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