In Nicocigs v Fontem [2016] EWHC 2161 (Pat), revocation was sought of EP(UK) 2 022 349, which concerns an aerosol electronic cigarette that contains nicotine but not tar. A declaration that its products do not infringe the patent was also sought by the claimant and the defendant / patentee counterclaimed for infringement of the '349 patent. Deputy High Court Judge John Baldwin QC held that the patent is invalid for added matter, anticipation and obviousness.

The decision