2nd UPDATE: RJ Reynolds Wins Patent Case Against Star Scientific
June 16 2009 - 8:05PM
Dow Jones News
A federal jury ruled Tuesday for R.J. Reynolds Tobacco Co. in a
high-stakes dispute with Star Scientific Inc. (STSI) over Star's
patent claims for a new method of curing tobacco in a way that
reduces certain cancer-causing toxins.
Star, an aspiring tobacco company based in Petersburg, Va., was
seeking several hundred million dollars in patent-infringement
damages from RJR, a unit of Reynolds American Inc. (RAI), alleging
that the nation's second-largest tobacco company encouraged its
farmers to practice Star's invention without permission.
But after a four-week trial, a jury in Baltimore sided with
Reynolds, ruling that RJR did not infringe Star's curing patents
and that the patents were invalid.
The jury verdict dealt a significant blow to Star's fortunes.
Star's shares tumbled more than 80% in after-hours trading, to 80
cents.
In addition to seeking a large jury award, Star was hoping to
reach lucrative licensing agreements with other tobacco
companies.
August Borschke, chief patent lawyer for R.J. Reynolds, said the
company was pleased with the verdict.
The jury "saw what we have known all along, that Star's patents
are invalid, and they should not have been issued in the first
place," Borschke said. "The jury also confirmed R.J. Reynolds did
not infringe Star's patents in any event."
RJR said at trial that it had invented its own tobacco-curing
method that reduced certain toxins, known as known as
tobacco-specific nitrosamines, and didn't need to copy Star's.
The verdict is an important marker in the case but will not be
the last word in the dispute.
Star spokeswoman Sara Machir said Tuesday evening that the
company will file a motion for a new trial in the coming days, and
if that fails, will immediately appeal. She declined further
comment on the verdict.
Elliot Favus, an analyst with Favus Institutional Research who
attended the month-long trial, said the company would have a tough
time raising enough money to support itself.
Favus, who had a sell recommendation on Star's stock before the
trial, said the company's legal prospects had been a big driver of
investment in its business. The company's two commercial offerings,
both smokeless tobacco products, haven't been successful, he
said.
"I'd be happy to see them prove me wrong, but I just don't see a
path forward,"he said.
Star had described itself to the public - and the jury - as a
different kind of tobacco company that was dedicated to making
products that are less harmful to tobacco users.
An RJR lawyer chafed at Star's self-portrayal during the trial,
saying to jurors, "This getting-on-their-high-horse thing is a
little suspect."
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com