GLEN ALLEN, Va., Nov. 29, 2011 /PRNewswire/ -- Star Scientific, Inc. (NASDAQ: [ CIGX ]) has announced that the company is pleased to report that the United States Court of Appeals for the Federal Circuit today denied RJ Reynolds Tobacco Company's (RJR) petition for a rehearing of Star's appeal of its patent infringement lawsuit against RJR. On August 26, the Federal Circuit Court issued a ruling on Star's appeal of the June, 2009 jury verdict in that lawsuit. The Court in its August decision affirmed the validity of each of the claims in the patents at issue in the prosecution of infringement against RJR, and specifically rejected each of the four invalidity defenses raised by RJR. The three-judge panel also reversed the district court's 2007 summary judgment ruling on priority date, which affirmed that the patents' claims deserve the September, 1998 priority date as originally claimed. The Federal Circuit ruling did not, however, reverse the jury verdict of non-infringement that Star had requested on appeal. RJR'S request for a rehearing of the August decision was based on its contention that the patents were indefinite.

(Logo: [ http://photos.prnewswire.com/prnh/20090317/STARSCIENTIFICLOGO ] )

This latest ruling by the Federal Circuit Court concludes its review process of the 2009 jury trial verdict. The Federal Circuit Court will issue an order shortly that will specify when the court intends to issue a formal mandate. When that mandate issues, the case will be sent back to the US District Court for proceedings that relate to the patent infringement lawsuit filed by Star in May, 2009 for curing seasons subsequent to 2002. That case had been stayed pending the outcome of this appeal.

Paul L. Perito, Esq., Star's Chairman, President and COO, commented, "These two patents, whose validity has been upheld twice by the Federal Circuit Court, also have been affirmed after reexamination by the US Patent & Trademark Office. We view them as rock-solid, and we are considering all options to leverage their value as we move forward. Our company's work to protect its intellectual property has been longstanding and, at times, frustrating, both for management and for our shareholders. However, we continue to believe that the value of the '649 and '401 patents is worth every effort we have undertaken. The unique tobacco-curing technology that is the foundation of our patents now can be licensed by tobacco companies in the US and abroad to manufacture both cigarette and smokeless tobacco products that contain the lowest available levels of a lethal group of carcinogens - tobacco-specific nitrosamines (TSNAs) – in the industry."

Certain statements in this press release other than purely historical information, including estimates, projections, statements relating to our business plans, objectives, and expected operating results, and the assumptions upon which those statements are based, are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. We have tried, whenever possible, to identify these forward-looking statements using words such as "anticipates," "believes," "estimates," "continues," "likely," "may," "opportunity," "potential," "projects," "will," "expects," "plans," "intends" and similar expressions to identify forward-looking statements, whether in the negative or the affirmative. These statements reflect our current beliefs and are based on information currently available to us. Accordingly, such forward-looking statements involve known and unknown risks, uncertainties and other factors which could cause our actual results, performance or achievements to differ materially from those expressed in, or implied by, such statements. These risks, uncertainties, factors and contingencies include, without limitation, the challenges inherent in new product development initiatives through Star Tobacco and Rock Creek, the uncertainties inherent in the progress of scientific research, our ability to raise additional capital in the future that is necessary to maintain our business, potential disputes concerning our intellectual property, risks associated with litigation regarding such intellectual property, uncertainties associated with the development, testing and regulatory approvals of our low-TSNA tobacco, related tobacco products and pharmaceutical and nutraceutical products , market acceptance of our new smokeless tobacco products and nutraceutical and pharmaceutical products, competition from companies with greater resources than us, our dependence on key employees and on our prior strategic relationships with Brown & Williamson Tobacco Corporation in light of its combination with R.J. Reynolds Tobacco Company, Inc.

Although the Company believes the expectations reflected in such forward-looking statements are based on reasonable assumptions, it can give no assurance that the expectations will be attained or that any deviation will not be material. See additional discussion under "Risk Factors" in the Company's Annual Report on Form 10-K as filed with the SEC on March 16, 2011, and other factors detailed from time to time in the Company's other filings with the SEC, available at [ www.sec.gov ]. All information in this release is current as of this date, and the Company undertakes no obligation to update or advise upon any such forward-looking statements to reflect events or circumstances after the date of this press release or to reflect the occurrence of unanticipated events.

About Star Scientific

Star Scientific is a technology-oriented company with a mission to reduce the harm associated with tobacco at every level. It is engaged in the development of dissolvable smokeless tobacco products that deliver fewer carcinogenic toxins, principally through the utilization of the innovative StarCured® tobacco curing technology. Its subsidiary, Rock Creek Pharmaceuticals, Inc., is involved in the development of nutraceuticals as well as products to address neurological and mood disorders. Rock Creek Pharmaceuticals has scientific and research offices in Gloucester, MA, and a regulatory office in Washington, D.C. Star Scientific has a Corporate and Sales Office in Glen Allen, VA, an Executive, Scientific & Regulatory Affairs office in Bethesda, MD, and a manufacturing facility in Chase City, VA.

See Star's website at: [ http://www.starscientific.com ]

Contact:
Sara Troy Machir
Vice President, Communications & Investor Relations
301-654-8300

SOURCE Star Scientific, Inc.

[ Back to top ]

N@N

Federal Circuit Court Denies RJR Request for Rehearing of Decision in Star Scientific Patent Infringement Lawsuit

Federal Circuit Court Denies RJR Request for Rehearing of Decision in Star Scientific Patent Infringement Lawsuit