Up In Smoke
Star Scientific Inc. v. R.J. Reynolds Tobacco Co.
Sep 29, 2008
Death of lower court victories can be a side effect of appeals, so perhaps the accused patent infringer in Star Scientific Inc. v. R.J. Reynolds Tobacco Co. shouldn't have inhaled their district court win. RJR, the accused infringer, obtained an order for summary judgment in the district court based on the inequitable conduct of patent holder Star Scientific. On appeal, the Federal Circuit made RJR cough up that win. It found that RJR had failed to meet the requisite burden of proof on intent to deceive and sent the case back to the district court for further consistent proceedings-a reversal and remand that surely had to burn.
Read the full article from APaTS: Advanced Patent Trial Strategies here.
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