Replies to post #5840 on Rock Creek Pharmaceuticals Inc. (fka RCPIQ)

[NukeJohn]

With the Supreme Court Writ Dismissed, Star's TSNA patents from the RJR case are now valid.

Star would only agree to have the petition withdrawn if it benefited them. We all know how it would benefit RJR (withdrawal would like better than an SC denial in Star 2), but how would it benefit Star?

The CAFC is the highest patent court in the land, and the only possible way for their ruling to be overturned was for the Supreme Court to accept the writ, and then proceed to overturn the invalidity analysis of the CAFC. Now that the case is dismissed, the CAFC ruling (that Star's patents are valid), is the law of the land. That is an obvious benefit to Star Scientific.

Now, either the Tobacco companies must settle or face an infringement case for growing seasons 2003 and beyond. Only this time, Star will be allowed to present all their evidence to the jury. If there has been a settlement with RJR, I expect that all the other companies will be offered similar rates. They would be wise to accept them...that way they can possibly avoid treble damages for willful infringement. IMHO, willful infringement started the day the CAFC validated the patents.

JMHO,

NJ

[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.