Rock Creek Pharmaceuticals Inc. (fka RCPIQ)

[thefamilyman]

jeremychang - "We all know how it would benefit RJR (withdrawal would like better than an SC denial in Star" (Did you mean "look better"?)

I do not believe that this is correct. It doesn't matter how withdrawal "looks". RJR is unlikely to be able to contest validity in Star II. Whether it was denial of the writ or taking dismissal does not matter on this point. RJR cannot "make the argument" in Star II "well, the question of validity did not go to the SC so the patents are not really valid." I cannot think of ANY benefit regarding Star II that RJR gains by dismissing the writ. I cannot think of ANY benefit period that RJR gains thru this dismissal. Yes the writ was a long shot, but why invest the money in pursuing the writ only to drop it at the 11th hour before finding out if the long shot will come in? Settlement is the only logical reason that I can think of. I would welcome any informed discussion of this question.

The only possible exception I can think of is if RJR discovered new evidence. And I'm not even sure that "new evidence" would be allowed. (Res judicata?) Perhaps one of the attorneys will weigh in on this question.