Healthier Choices Management Corp. v. Philip Morris USA, Inc., No. 22-1268 (Fed. Cir. Apr. 12, 2023)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

In these combined appeals, Healthier Choices Manage- ment Corp. challenges the district court’s (1) dismissal of its original complaint, (2) denial of its motion for leave to amend its complaint, and (3) grant of attorneys’ fees. For the reasons below, we reverse the district court’s dismissal of the original complaint and denial of leave to amend. Ac- cordingly, we vacate the award of attorneys ’ fees. We re- mand for further proceedings consistent with this opinion. HEALTHIER CHOICES MANAGEMENT CORP. v. PHILIP MORRIS USA, INC.