R.J. Reynolds Tobacco Co. won a ruling that two Star Scientific Inc. patents covering a formula for reducing carcinogens in tobacco are unenforceable.
Star Scientific had sued Reynolds, the second-largest US cigarette maker in 2001, saying Reynolds infringed patents related to a curing process that reduces the level of cancer-causing toxins in tobacco. Star sought hundreds of millions of dollars in compensation for the claimed violations.
In his memorandum of the decision posted on the federal court's website in Maryland, Garbis concluded that Star's patents were unenforceable by ‘virtue of inequitable conduct.’ Inequitable conduct includes affirmative misrepresentation of a material fact, failure to disclose material information, or submission of false material information, coupled with an intention to deceive, according to the memorandum. Judge Garbis ruled that Star Scientific used ‘material false statements and omissions’ when it applied for a patent for its flue-curing operation, and claimed that Star’s CEO clearly had intent to deceive the patent office.
Star will most likely appeal the decision to the US Court of Appeals as it has previously stated following the January ruling.