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Star Scientific Files Motion for Judgment/New Trial in Patent Infringement Lawsuit against RJ Reynolds, Announces Retention of Carter G. Phillips, Esquire as Appellate Counsel
Tuesday, July 07, 2009 10:08 AM


PETERSBURG, Va., July 7 /PRNewswire-FirstCall/ -- Star Scientific, Inc. (Nasdaq: STSI) announced that its trial counsel has filed a motion for Judgment as a Matter of Law and In the Alternative, for a New Trial, with the US District Court in Maryland. The motion requests the Court to set aside the June 16th jury verdict that was reached at the conclusion of the trial of Star's patent infringement lawsuit against RJ Reynolds Tobacco Company (RJR), and to grant Star a new trial. The motion will be available on the Star Scientific website, http://www.starscientific.com.

(Logo: http://www.newscom.com/cgi-bin/prnh/20090317/STARSCIENTIFICLOGO )

If the motion is denied, the next step will be for Judge Garbis to enter final judgment, which will effectively close out the case at the District Court level. Star then can immediately file a notice of appeal with the US Court of Appeals for the Federal Circuit. The company has retained Carter G. Phillips, Esquire, managing partner of the Washington, DC office of Sidley Austin, to head up the Federal Circuit appeal. Mr. Phillips represented Star in its appeal of the 2007 District Court rulings on summary judgment and on the bench trial of RJR's inequitable conduct defense. That appeal resulted in the unanimous decision by a three-judge Federal Circuit panel, in August 2008, which overturned the District Court rulings and remanded the case to the District Court for a jury trial, which took place in Baltimore, MD beginning May 18, 2009. The Federal Circuit Court of Appeals is known to endeavor to issue opinions on appeals within 12 to 15 months from the filing of the notice of appeal. In Star's previous appeal to the Federal Circuit, the Court issued its opinion 14 months from the date of the filing of the company's appeal.

Paul L. Perito, Esq., Star's Chairman and President, commented that the company 'was disappointed and troubled by the inexplicable jury verdict that was reached in the trial. We believe the verdict was contrary to the evidence presented on both infringement and validity, and that the company will be vindicated at the conclusion of the judicial process.'

This press release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Star Scientific, Inc.



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