Supreme Court Denies RJ Reynolds Petition

Star Scientific, Inc.  announced that the United States Supreme Court today denied the petition for a writ of certiorari filed with the Court by RJ Reynolds Tobacco Company.  RJR had filed its petition for review on January 16, 2009 as part of its defense of the patent infringement lawsuits filed by Star Scientific, Inc. against RJR in 2001 and 2002.
The Supreme Court petition arose from a bench trial that was held in February, 2005 on RJR’s defense claim of inequitable conduct. Shortly before that trial began, RJR also was permitted by the District Court to file a summary judgment motion on definiteness. Two years later, in January, 2007, the district court issued a ruling that granted RJR’s summary judgment motion. On June 26, 2007, the district court ruled that Star committed inequitable conduct in the prosecution of its patents. Star immediately filed an appeal with the US Court of Appeals for the Federal Circuit. On August 25, 2008, the Federal Circuit issued a unanimous decision reversing the lower court’s ruling on inequitable conduct. It also reversed the district court’s grant of summary judgment which held Star’s patents indefinite. The Supreme Court’s denial of RJR’s petition terminates the process through which RJR can appeal the Federal Circuit’s decision in favor of Star.
The case has been remanded to the US District Court of Maryland for further proceedings, including a jury trial. The Honorable Marvin Garbis will oversee the jury trial. The company looks forward to presenting the facts of its case to a jury at trial this Spring.

The Leading Ban and the Smoking Prohibition.

In Europe the leading ban is smoking ban in public places. Smoking was banned only for to promote a healthier lifestyle in a country where smoking is very popular and the population is in decline. Russia also dreams about a healthy life style.
In Russia there are few non-smoking areas but instead of this there are many restaurants which continue to be full of cigarette smoke.
In Russia smokers smoke even in public places such as airports, railway stations, and underground railway. For example in airports they congregate in overcrowded smoking zones or male toilets to puff on cigarettes beside the urinals before boarding their flights, but in railway stations smokers smoke at the back of railway carriages.
Researchers said that in Russia around 40 percent of all adults smoke.
Nightclub owners in Moscow were not thrilled at the prospect of a smoking ban.
“In New York, only 20 percent of the nightclubs survived after the smoking ban was introduced even though the climate allows people to go outside and smoke,” said the owner of two of Moscow’s best-known nightclubs, Georgy Petrushin.
In Russia cigarettes cost about $1 a packet.
But the government wants to promote a healthier lifestyle in Russia because a the average life expectancy for men is under 60, far lower than in Western Europe, and the population is declining also.