PETERSBURG, Va., March 9 /PRNewswire-FirstCall/ -- Star Scientific, Inc. (Nasdaq: STSI) announced that the United States Supreme Court today denied the petition for a writ of certiorari filed with the Court by RJ Reynolds Tobacco Company (RJR). RJR had filed its petition for review on January 16, 2009 as part of its defense of the patent infringement lawsuits filed by Star Scientific, Inc. against RJR in 2001 and 2002.
The Supreme Court petition arose from a bench trial that was held in February, 2005 on RJR's defense claim of inequitable conduct. Shortly before that trial began, RJR also was permitted by the District Court to file a summary judgment motion on definiteness. Two years later, in January, 2007, the district court issued a ruling that granted RJR's summary judgment motion. On June 26, 2007, the district court ruled that Star committed inequitable conduct in the prosecution of its patents. Star immediately filed an appeal with the US Court of Appeals for the Federal Circuit. On August 25, 2008, the Federal Circuit issued a unanimous decision reversing the lower court's ruling on inequitable conduct. It also reversed the district court's grant of summary judgment which held Star's patents indefinite. The Supreme Court's denial of RJR's petition terminates the process through which RJR can appeal the Federal Circuit's decision in favor of Star.
The case has been remanded to the US District Court of Maryland for further proceedings, including a jury trial. The Honorable Marvin Garbis will oversee the jury trial. The company looks forward to presenting the facts of its case to a jury at trial this Spring.
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This press release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Star Scientific, Inc. and its consolidated subsidiaries (collectively, 'The Company') has tried, whenever possible, to identify these forward-looking statements using words such as 'anticipates', 'believes', 'estimates', 'expects', 'plans', 'intends' and similar expressions. These statements reflect the Company's current beliefs and are based upon information currently available to it. Accordingly, such forward-looking statements involve known and unknown risks, uncertainties and other factors which could cause the Company's actual results, performance or achievements to differ materially from those expressed in, or implied by, such statements.
