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Saturday, July 24, 2021

Healthier Choices Management Corp. (OTCMKTS: HCMC) Move Brewing As Q-Cup PMI Patent Infringement Lawsuit Moves Ahead (PMI Files IPR to Invalidate)

Healthier Choices Management Corp. (OTCMKTS: HCMC) is an emerging microcap that has managed to establish a massive following in a very short time frame as well as well as trade 10s of billions of shares per day as the Company pursues its landmark patent infringement lawsuit against billion-dollar conglomerate Philip Morris USA, Inc. and Philip Morris Products S.A. HCMC has got the attention of investors and regularly trades over $5 million per day in dollar volume and the stock is the most searched for microcap currently with well over 400,000 shareholders. Microcapdaily has been reporting on HCMC since the stock was trading for a fraction of current levels and maintains our $0.0065 price to beat point, a break over and its blue skies ahead for HCMC. 

The patent infringement lawsuit against Philip Morris USA, Inc. is moving forward and gaining steam. Representing HCMC is Cozen O’Connor ranked among the top 100 law firms in the country and employing more than 775 attorneys in 29 cities across two continents. The firm’s diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, high-profile individuals and HCMC who must have a seriously solid case against PMI with outstanding chances. Earlier this month Philip Morris filed a petition with the Patent Trial and Appeal Board ( “PTAB”) of the U.S. Patent and Trademark Office seeking to institute inter parties review (“IPR”) proceedings to invalidate Healthier Choices Management Corp.’s U.S. Patent No. 10,561,170. in a bid that will likely be quickly rejected. Any reasonable settlement could be in the hundreds of millions.

Healthier Choices Management Corp. (OTCMKTS: HCMC) is a U.S based Company providing consumers with healthier alternatives to everyday lifestyle choices. Operating under its wholly owned subsidiaries, Healthy Choice Markets and Healthy Choice Markets 2, the Company owns both Ada’s Natural Market, a 18,000 sq. ft. full-service grocery store serving the Fort Myers, FL, and three (3) Paradise Health & Nutrition locations in the greater Melbourne, FL area. HCMC also operates 8 vape stores across the southeast United States offering smokers an alternative to traditional cigarettes. Operating regionally, through its Vape Store brands, including The Vape Store, Vapor Max, Vulcan Vape, and The Grab Bag locations, the Company’s Vape Stores provide an endless selection of industry best vaping hardware and e-liquids, giving its consumers a way to get their nicotine without the smoke, tar, ash or carbon monoxide found in traditional cigarettes.  

HCMC does over US $1.1 million per month in sales in 2020; Recently HCMC announced its financial results for the three-month period ended March 31, 2021. Net sales from operations amounted to approximately $3.5 million, down 14% from the same period last year; a significant portion of the decline related to last March’s COVID-19 sales surge in the grocery segment. Total operating expenses were $2 million and the Company reported a small net loss. Adjusted EBITDA loss amounted to $394,000, an improvement of approximately 9% when compared to the same period last year. 

Healthier Choices Management Corp. is being led by a powerhouse management team; the CEO Jeffrey Holman is a seasoned executive and corporate lawyer who also serves as President of Jeffrey E. Holman & Associates, P.A., a South Florida Based law firm. Mr. Hofman was also a partner at Holman, Cohen & Valencia. Christopher Santi, HCMC COO and President is sales executive who served as President of Santi Management Corporation before joining the Company. John Ollet the CFO previously served as Executive Vice President-Finance for Systemax, Inc. (NYSE:SYX) North America Technology Division for 10 years. SYX currently trades at $43 per share on the NYSE and does over a billion dollars in annual revenues.  

The Company owns a valuable patent portfolio related to both vape technology and also manufacturing processes and procedures for an imitation nicotine product. HCMC’s patented Q-Cup™ technology is based on a small, quartz cup called the Q-Cup™, which a customer can purchase already filled by a third party in some regions, or can partially fill themselves with either cannabis or CBD concentrate (approximately 50mg), also purchased from a third party.  The Q-Cup™ can then be inserted into the patented Q-Unit™, which heats the cup from the outside without coming in direct contact with the solid concentrate.  This Q-Cup™ and Q-Unit™ technology provides significantly more efficiency and an “on the go” solution for consumers who prefer to vape concentrates either medicinally or recreationally.  The Q-Cup™ can also be used in other devices as a convenient micro-dosing system. Most recently, the company formed a wholly owned subsidiary, HCMC Intellectual Property Holdings, LLC, to hold and market its intellectual property assets. This subsidiary will own all of the patents, trademarks and other intellectual property of HCMC and will be utilized in the company’s attempt to monetize its intellectual property.    

The big story on HCMC is its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as “IQOS®.” The lawsuit was filed in the United States District Court for the Northern District of Georgia. The international law firm Cozen O’Connor has been engaged to represent HCMC in this matter. HCMC’s lawsuit includes claims that Phillip Morris is infringing HCMC’s patent rights in connection with IQOS®, an alternative tobacco product marketed and sold by Phillip Morris. Philip Morris claims that it is currently approaching 14 million users of its IQOS® product and has reportedly invested over $3 billion in their smokeless tobacco products. Philip Morris has been very open about their ongoing transition from traditional fully combustible cigarettes to their modified risk tobacco products, including IQOS®. The Philip Morris IQOS® product is currently the subject of two other patent infringement proceedings filed by RJ Reynolds Tobacco Company. One proceeding is before the International Trade Commission and seeks to stop the importation of the IQOS® product into the United States; the other is a patent infringement action currently pending in the Eastern District of Virginia. RJ Reynolds’ patents are unrelated and not affiliated with the patents asserted in the HCMC case.   

In its patent infringement lawsuit against Philip Morris, Cozen O’Connor is representing HCMC; Cozen O’Connor is ranked among the top 100 law firms in the country and employs more than 775 attorneys in 29 cities across two continents. Cozen O’Connor is a full-service firm with nationally recognized practices in litigation, business law, and government relations, and its attorneys have experience operating in all sectors of the economy. The firm’s diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, high-profile individuals and ambitious upstarts like HCMC. Cozen O’Connor has been awarded as the #1 law firm of the year several times, amongst dozens of other awards and would not take on a giant such as Philip Morris unless they knew for sure they have a very strong case and excellent chances. 

https://twitter.com/JulianWSaunders/status/1408486781759152128

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On June 16 HCMC reported that Philip Morris Products S.A. filed a petition with the Patent Trial and Appeal Board ( “PTAB”) of the U.S. Patent and Trademark Office seeking to institute inter partes review (“IPR”) proceedings to invalidate Healthier Choices Management Corp.’s U.S. Patent No. 10,561,170. 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 previously filed a patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as “IQOS®.” The lawsuit was brought based on IQOS’ infringement on the Patent. The lawsuit was filed in the United States District Court for the Northern District of Georgia and is ongoing. HCMC management stated it intends to vigorously oppose the institution of the IPR proceedings and, if the IPR proceedings are instituted, the Compnay is fully prepared to vigorously defend the validity of the Patent. 

HCMC has been busy; the Company recently launched its patented quartz Q-Cups® with the health center in Colorado, which The Health Center will pre-fill with their high quality NUHI brand concentrates and make available to consumers in their Colorado dispensaries. The Health center plans to distribute their high quality NUHI concentrate product in HCMC Q-Cup® technology. 

On June 24 HCMC announced it has entered into an Exclusive Authorized Filling Agreement for its Q-Cup®technology in Canada with 6PAK Solutions Inc., the sister company and distribution arm of ATG Pharma Inc. ATG Pharma is a leading manufacturer of filling machines in both Canada and the U.S, and manufacturer of the Q-Cup® robotic filling machine. 

The goal of this exclusive arrangement is for 6PAK Solutions to offer access to Q-Cups® unique innovation to both its current and new licensed producer clients. 6PAK’s services provide an easy, cost effective way, for companies to launch new products and quickly scale with the growing market. 

Jeff Holman, CEO of HCMC, said “We are very excited to be expanding our relationship with ATG Pharma through 6PAK Solutions. With the direct support of the builder of the Q-Cup® filling machine, there is no one more qualified to perform third party filling for extractors in Canada. With an existing clientele comprised mainly of extractors in the cannabis industry, ATG Pharma and 6PAK are perfectly poised to leverage existing relationships to bring the Q-Cup® technology to Canada in an efficient and meaningful way. There are projections that Canada’s cannabis sales will be $4B this year and will grow to $5B next year. Getting our products before a number of extractors quickly in the Canadian market, which is relatively new to concentrates, gives HCMC a potential major advantage in terms of capturing early market share.” 

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Healthier Choices Management is an emerging microcap that has managed to establish a massive following in a very short time frame as well as well as trade 10s of billions of shares per day as the Company pursues its landmark patent infringement lawsuit against billion-dollar conglomerate Philip Morris USA, Inc. and Philip Morris Products S.A. HCMC has got the attention of investors and regularly trades over $5 million per day in dollar volume and the stock is the most searched for microcap currently with well over 400,000 shareholders. Microcapdaily has been reporting on HCMC since the stock was trading for a fraction of current levels and maintains our $0.0065 price to beat point, a break over and its blue skies ahead for HCMC.  The patent infringement lawsuit against Philip Morris USA, Inc. is moving forward and gaining steam. Representing HCMC is Cozen O’Connor ranked among the top 100 law firms in the country and employing more than 775 attorneys in 29 cities across two continents. The firm’s diverse client list includes global Fortune 500 companies, middle-market firms poised for growth, high-profile individuals and HCMC who must have a seriously solid case against PMI with outstanding chances. Earlier this month Philip Morris filed a petition with the Patent Trial and Appeal Board ( “PTAB”) of the U.S. Patent and Trademark Office seeking to institute inter parties review (“IPR”) proceedings to invalidate Healthier Choices Management Corp.’s U.S. Patent No. 10,561,170. in a bid that will likely be quickly rejected. Any reasonable settlement could be in the hundreds of millions. Microcapdaily first reported on HCMC on January 27 as the stock was moving up in the low triple zeroes. We will be updating on HCMC when more details emerge so make sure you are subscribed to Microcapdaily so you know what’s going on with HCMC.

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Disclosure: we hold no position in HCMC either long or short and we have not been compensated for this article.

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