New from Patrick Cox
PC - "In fact, this process, which takes about 80% of tobacco-specific nitrosamines (TSNs) out of smokable tobacco, is in near-universal use today, as Reynolds has licensed the technology widely."
Someone had previously asked if RJR had licensed their Peele Patent to the other BigTs and nobody responded with an answer. This tidbit from PC seems to indicate that they had in fact done exactly that. Of course we now know from CAFC and the USPTO that RJR's Peele Patent is predated by Star's patent. So apparently RJR also needed to find a way to protect that revenue stream which the CAFC ruling put in serious jeopardy. Additionally, RJR might have ended up having to refund any revenue received from the other BigTs for their "use" of the Peele Patent. This would have put a whole new spin on the settlement negotiations and on the amount of leverage Star had in those negotiations.
For instance, if the writ was denied then Star proceeds to sue the other BigTs who will then question why they are paying RJR. If the writ is granted and then somehow against all reason, the SC decides to invalidate Star's Patents; then the technology is available to all for free and the BigTs no longer need access to the Peele Patent. Now it really begins to make sense as to why RJR wanted/needed to get serious about a mediated settlement. In this scenario, the writ was just a ploy, a tool to leverage a more favorable settlement from Star. But if RJR and Star are now partners in this TSNA arena, the other BigTs will be paying and Star will be benefiting.
It's late and I may have missed something. But the possibilities for this settlement just keep getting better and better. I think I'll see my banker tomorrow about borrowing some money...
