US District Court Issues Ruling on Star Scientific Motion for Judgment as a Matter of Law; Company to File Notice of Appeal to F
December 22 2009 - 10:42AM
PR Newswire (US)
PETERSBURG, Va., Dec. 22 /PRNewswire-FirstCall/ -- Star Scientific,
Inc. (NASDAQ:CIGX) was notified yesterday that rulings had been
entered by the US District Court for Maryland relating to the
company's patent infringement lawsuit against RJ Reynolds Tobacco
Company (RJR). Star had filed a Motion for Judgment as a Matter of
Law or, In the Alternative, A New Trial, following the June, 2009
jury verdict in favor of RJR. Last month RJR also filed a motion
with the Court seeking attorneys' fees in addition to a Bill of
Costs. Star filed a motion to expedite the Court's ruling on the
Motion for Judgment immediately thereafter, noting that post-trial
briefing had been completed as of September 1 and there was no
reason to delay ruling and entry of judgment. That motion was
granted as part of yesterday's rulings. (Logo:
http://www.newscom.com/cgi-bin/prnh/20090317/STARSCIENTIFICLOGO )
The Court yesterday denied Star's Motion for Judgment, entered
final judgment and assessed customary court costs. The entry of
judgment permits Star to file a notice of appeal to the US Court of
Appeals for the Federal Circuit, and the company's counsel expects
to do so within the next 48 hours. The Court also stayed the
proceedings regarding RJR's motion for attorneys' fees pending
final resolution of the patent reexamination proceeding currently
before the US Patent & Trademark Office, and the Federal
Circuit appeal. As the company previously stated, it again has
retained Carter G. Philips, Esq., managing partner of the
Washington, DC office of Sidley Austin, to represent Star in its
appeal. Mr. Philips successfully represented Star in its 2007
appeal of several District Court rulings in this patent
infringement litigation. 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. These
risks, uncertainties and contingencies include, without limitation,
the challenges inherent in new product development initiatives, the
uncertainties inherent in the progress of scientific research, the
Company's ability to raise additional capital in the future
necessary to maintain its business, potential disputes concerning
the Company's intellectual property, risks associated with
litigation regarding such intellectual property, potential delays
in obtaining any necessary government approvals of the Company's
low-TSNA tobacco products, market acceptance of the Company's new
smokeless tobacco products, competition from companies with greater
resources than the Company, the Company's decision not to join the
Master Settlement Agreement ("MSA"), the effect of state statutes
adopted under the MSA, and the Company's dependence on key
employees and on its strategic relationships with Brown &
Williamson Tobacco Corporation in light of its combination with RJ
Reynolds Tobacco Company, Inc. The impact of potential litigation,
if initiated against or by individual states that have adopted the
MSA, could be materially adverse to the Company. 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 for the
year ended December 31, 2008, as filed with the SEC on March 16,
2009, and other factors detailed from time to time in the Company's
other filings with the SEC, available at http://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. See Star's website at:
http://www.starscientific.com/ About Star Scientific Star
Scientific is a technology-oriented tobacco company with a toxin
reduction mission. It is engaged in the development of dissolvable
smokeless tobacco products that deliver fewer carcinogenic toxins
(principally tobacco specific nitrosamines, or TSNAs), through the
utilization of the innovative StarCured® tobacco curing technology,
and in sublicensing that technology to others. Star Scientific has
a Corporate and Sales Office in Petersburg, VA, an Executive,
Scientific & Regulatory Affairs office in Bethesda, MD, and
manufacturing facilities in Chase City, VA. Contact: Sara Troy
Machir Vice President, Communications & Investor Relations
(301) 654-8300
http://www.newscom.com/cgi-bin/prnh/20090317/STARSCIENTIFICLOGO
http://photoarchive.ap.org/ DATASOURCE: Star Scientific, Inc.
CONTACT: Sara Troy Machir, Vice President, Communications &
Investor Relations, +1-301-654-8300, Web Site:
http://www.starscientific.com/
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