WASHINGTON -- The patent-infringement lawsuit Star Scientific Inc. lodged against the nation's second-largest cigarette company is one step closer to trial. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., let stand a previous ruling this week that revived Star Scientific's lawsuit against Reynolds American Inc.'s R.J. Reynolds Tobacco Co. subsidiary.
Petersburg, Va.-based Star Scientific, a maker of smokeless tobacco products, filed the lawsuit in 2001, claiming that Reynolds, based in Winston-Salem, N.C., had infringed its patents for a tobacco-curing process designed [image-nocss] to reduce carcinogens called tobacco-specific nitrosamines.
In August, a three-judge panel of the U.S. Court of Appeals overturned a lower-court ruling that found two of Star Scientific's patents unenforceable. Yesterday's decision means the case will return to U.S. District Court in Maryland for further proceedings, which could include setting a jury trial, according to a report in the Richmond Times-Dispatch.
"Certainly we are disappointed with the decision," David Howard, a Reynolds spokesman, told the newspaper. "We are currently considering our options, including petitioning the U.S. Supreme Court for a hearing on the matter."
In a statement, Paul L. Perito, Star Scientific's chairman, president and CEO, said he was pleased with the decision. “Our company's efforts to protect its intellectual property have been longstanding and, at times, frustrating, both for management and for the company's loyal shareholders,” he said. “We look forward to the announcement of a date for a jury trial, during which our counsel can present our case for infringement.”
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