GLEN ALLEN, Va., Oct. 4 /PRNewswire/ -- Star Scientific, Inc. (Nasdaq: CIGX) today announced that the company's patent counsel has received a letter from the US Patent & Trademark Office (PTO) that vacates the PTO's May, 2010 Notice of Intent to Terminate the reexamination of the Star Scientific's " '649" and " '401" patents. The letter requests that the patent owner demonstrate that the present record is complete or, in the alternative, file a routine petition to reopen the proceeding. The company will do so within thirty days. Paul L. Perito, Esq., Star's Chairman and President, commented that "the company is gratified by the PTO's decision to revoke its prior notice, and we look forward to filing an effective response that we believe will reopen the reexamination process. We also continue to believe that once the PTO has had the opportunity to review all issues relevant to the proceedings, we will prevail on the merits."
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The reexamination proceedings originally were requested by RJ Reynolds Tobacco Company (RJR) in early 2009, shortly before the commencement of the jury trial of Star's patent infringement lawsuit against that company. Star previously has stated that the company viewed these requests as a tactical attempt to delay that trial. An appeal currently is pending before the US Court of Appeals for the Federal Circuit and written briefing is completed. The company now looks forward to receiving notice of a date for oral argument of its appeal.
Certain statements in this press release other than purely historical information, including estimates, projections, statements relating to our business plans, objectives, and expected operating results, and the assumptions upon which those statements are based, are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. We have tried, whenever possible, to identify these forward-looking statements using words such as "anticipates," "believes," "estimates," "continues," "likely," "may," "opportunity," "potential," "projects," "will," "expects," "plans," "intends" and similar expressions to identify forward-looking statements, whether in the negative or the affirmative. These statements reflect our current beliefs and are based on information currently available to us. Accordingly, such forward-looking statements involve known and unknown risks, uncertainties and other factors which could cause our actual results, performance or achievements to differ materially from those expressed in, or implied by, such statements. These risks, uncertainties, factors and contingencies include, without limitation, the challenges inherent in new product development initiatives through Star Tobacco and Rock Creek, the uncertainties inherent in the progress of scientific research, our ability to raise additional capital in the future that is necessary to maintain our business, potential disputes concerning our intellectual property, risks associated with litigation regarding such intellectual property, uncertainties associated with the development, testing and regulatory approvals of our low-TSNA tobacco, related tobacco products and pharmaceutical and nutraceutical products , market acceptance of our new smokeless tobacco products and nutraceutical and pharmaceutical products, competition from companies with greater resources than us, our dependence on key employees and on our prior strategic relationships with Brown & Williamson Tobacco Corporation in light of its combination with R.J. Reynolds Tobacco Company, Inc.
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 as filed with the SEC on March 16, 2010, and other factors detailed from time to time in the Company's other filings with the SEC, available at 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.
About Star Scientific
Star Scientific is a technology-oriented company with a mission to reduce the harm associated with tobacco at every level. It is engaged in the development of dissolvable smokeless tobacco products that deliver fewer carcinogenic toxins, principally through the utilization of the innovative StarCured® tobacco curing technology. Its subsidiary, Rock Creek Pharmaceuticals, Inc., is involved in the development of nutraceuticals as well as products to address neurological and mood disorders. Rock Creek Pharmaceuticals has scientific and research offices in Gloucester, MA, and a regulatory office in Washington, D.C. Star Scientific has a Corporate and Sales Office in Glen Allen, VA, an Executive, Scientific & Regulatory Affairs office in Bethesda, MD, and a manufacturing facility in Chase City, VA.
See Star's website at: http://www.starscientific.com
Contact: |
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Sara Troy Machir |
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Vice President, Communications & Investor Relations |
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(301) 654-8300 |
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SOURCE Star Scientific, Inc.
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