January 26, 2011 - Star Scientific, Inc. today announced that the company's patent counsel has received a decision from the U.S. Patent and Trademark Office (PTO) granting Star's request to reopen the reexaminations of Star's '649 and '401 patents. The PTO agreed with Star's counsel that applicable PTO procedures had been satisfied: the decision reverses a previous May 2010 decision of intent to cancel the involved claims on the ground that Star had not filed a written record of an examiner interview. The matters will now be returned to the panel of examiners for action on the merits of the patent claims.
The company also confirmed that oral arguments on Star's appeal of the verdict in the June 2009 jury trial of its patent infringement lawsuit against RJ Reynolds Tobacco Company (RJR) were heard by the US Federal Circuit Court of Appeals, located in Washington, DC, on January 11. Several months before that jury trial, in January, 2009, RJR filed requests for reexamination of Star's '649 and '401 patents. Paul L. Perito, Esq. Star's Chairman, President & COO, stated that the company believes that it ultimately will prevail in both its lawsuit and the patent reexamination process.
(Star Scientific - date for oral arguments in patent infringement lawsuit set..)
Reference: US Patent & Trademark Office Rules in Favor of Star Scientific Petition in Patent Reexamination Process, SOURCE Star Scientific, Inc., 1/25/2011.
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