Star Scientific Statement on Federal Circuit Ruling in Patent Infringement Lawsuit Against RJ Reynolds
Star Scientific, Inc. (NASDAQ: CIGX) issued the following statement regarding the decision issued today by the Federal Circuit Court of Appeals on the company's appeal of the jury verdict in the trial of Star's patent infringement lawsuit against RJ Reynolds Tobacco Company:
"We are gratified that the Federal Circuit Court of Appeals has affirmed the validity of the patents at issue in our prosecution of patent infringement against RJ Reynolds. The Court specifically rejected each of the four invalidity defenses raised by RJR, and the panel also reversed the district court's 2007 summary judgment ruling on priority date: the panel affirmed that the patents' claims deserve the September, 1998 priority date as originally claimed. We nonetheless are disappointed that the Federal Circuit did not reverse the jury trial verdict of noninfringement.
"However, today's decision fully reestablishes and reinforces the company's rights to assert its patents against all prior and future infringers. In particular, we anticipate that our litigation against RJR for curing seasons after the two years addressed in this case now can move forward. That litigation had been stayed pending the outcome of the appeal."
Paul L. Perito, the company's chairman and president, stated, "Now that both the Federal Circuit Court of Appeals and the Patent and Trademark Office have affirmed the validity our patents' claims and 1998 priority date, we intend to vigorously protect our intellectual property, which we consider to be among our corporate crown jewels. At the same time, we currently are assessing options for further appellate review."
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