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27 Mar, 2008 10:00 pm
Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 2007-1448 (Fed. Cir., argued March 7, 2008) Update: Petersburg, Virginia-based Star Scientific, Inc., sued R.J. Reynolds Tobacco Co. for patent infringement in the U.S. District Court for the District of Maryland in 2001. A bench trial on the issue of the enforceability of the asserted patents was held in 2005. On June 25, 2007, the District Court found Star's patents to be unenforceable on ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
6 Nov 5:00 am by Kimberly A. Kralowec
In a recent unpublished opinion, the Court of Appeal (First Appellate District, Division Two) applied Tobacco II's discussion of actual reliance in a non-class common-law fraud case. Whiteley v. R.J. Reynolds Tobacco Co., Nos. A119345, A121027 (nonpub. Oct. 14, 2009). This is interesting because there has been discussion of whether Tobacco II might make common-law fraud class actions easier to certify. This unpublished decision shows, at least, that ...
The UCL Practitioner - http://www.uclpractitioner.com/
27 Aug, 2008 4:55 am by Donald Zuhn
... the Federal Circuit seem to signal a retrenchment in the Court's treatment of the doctrine, and its willingness to affirm district court judgments finding inequitable conduct, particularly in the context of summary judgment decisions. One of the first indications of this new direction came in the Eisai Co. v. Dr. Reddy's Laboratories, Inc. decision last month, where Judge Rader forcefully reminded us that finding inequitable conduct should be "a high bar," citing the Court's en banc decision...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
28 Jun, 2007 6:27 am by Phil
... a June 26, 2007 press release it was announced that: R.J. Reynolds Tobacco Company applauds today's decision in favor of the company in a patent infringement lawsuit brought by ... that Star had deceived the patent office, Federal District Court Judge Marvin J. Garbis stated: "The Court finds RJR to have made a strong showing of materiality and ... Inc. said it will appeal against a U.S. court's ruling on a patent infringement lawsuit with R.J. Reynolds Tobacco Co., a unit of Reynolds American Inc."
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
12 Apr, 2007 5:57 am by Michael J. Hassen
... manufacture, distribution, promotion, marketing, and sale" of "light" cigarettes. Dahl v. R.J. Reynolds Tobacco Co., 478 F.3d 965, 966 (8th Cir. 2007). Defense attorneys removed ... Id. During the pendency of the state court appeal, the Eighth Circuit issued an opinion that held another tobacco company had established federal officer jurisdiction in a case involving the marketing of light cigarettes, id. (citing Watson v. Philip Morris Cos., 420 F.3d 852 (8th Cir. 2005), cert. granted, ___ U.S. ___ ...
Tags: 30Removal, Remand
Class Action Defense Blog - http://classactiondefense.jmbm.com/
25 Mar 10:24 am by Dr. Shezad Malik
Altria Group Inc.'s Philip Morris USA unit and R.J. Reynolds Tobacco Co. said they won a verdict in a wrongful-death lawsuit filed on behalf ... makers not liable in the case. The verdict is the first defense win in a so-called "post-Engle" tobacco suit in Florida. The case is the third of its kind to be tried since the Florida Supreme Court in 2006 ... this month. Both companies said they planned to appeal. The case is Gelep v. R.J. Reynolds and Philip Morris USA, 98-6584, Florida 6th Circuit Court ( ...
Dallas Fort Worth Injury Lawyer Blog - http://www.dallasfortworthinjurylawyer.com/
27 Mar, 2008 10:00 pm
Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 2007-1448 (Fed. Cir., argued March 7, 2008) Update: Petersburg, Virginia-based Star Scientific, Inc., sued R.J. Reynolds Corp. for patent infringement in the U.S. District Court for the District of Maryland in 2001. A bench trial on the issue of the enforceability of the asserted patents was held in 2005. On June 25, 2007, the District Court found Star's patents to be unenforceable on the basis of inequitable ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
31 May 6:02 pm by Dr. Shezad Malik
R.J. Reynolds Tobacco Co., the second-biggest U.S. cigarette maker, was told by a Florida jury to pay $30 million to a woman whose husband died of lung cancer after years of smoking, according to a lawyer. A six-person jury today in state court in Pensacola, Florida, ordered R.J. Reynolds to pay Hilda Martin $25 million in punitive damages to punish the cigarette maker for the death of her husband, Benny Martin, according to the company's lawyer, Mark Belasic. The jury awarded Martin $5 ...
Dallas Fort Worth Injury Lawyer Blog - http://www.dallasfortworthinjurylawyer.com/
8 Aug, 2007 5:06 am by Michael J. Hassen
... Cigarette Labeling and Advertising Act (FCLAA). See Mangini v. R.J. Reynolds Tobacco Co., 7 Cal.4th 1057 (Cal. 1994). In 1998, plaintiffs filed ... Williamson on behalf of minors who "smoked one or more cigarettes" alleging violations of the UCL in that the tobacco companies' cigarette advertising unlawfully targeted minors: specifically, the class action alleged ... other areas frequented by teens, and sponsored events that appeal to teens. In re Tobacco Cases II, ___ Cal.4th ___ (Cal. August 2, 2007) ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
1 Sep, 2006 5:53 am by Suhasini
... illnesses related to smoking. The lawsuit named as defendants Philip Morris USA, R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., both individually and as the successors to the American Tobacco Co., Lorillard Tobacco Co ... In his order filed Monday, Stearns said the case was a reprise of claims brought by the federal government in the 1990s against tobacco companies. "These efforts by the government came largely to naught, with most courts rejecting the government's various theories ...
Legal Radar - http://www.legalradar.com/
3 Aug, 2007 6:00 am by Kimberly A. Kralowec
... Supreme Court overruled its prior contrary conclusion in Mangini v. R.J. Reynolds Tobacco Co., 7 Cal.4th 1057 (1994). The Court explained that the particular ... misleading advertisements, not on the problem of truthful marketing to minors. According to the Supreme Court in Tobacco II (preemption), the FCLAA does not preempt state-law claims that "[seek ... Lorillard, 533 U.S. at 552). Also, the representative plaintiffs in Tobacco II (Prop. 64) (Willard R. Brown, Damien Bierly and Michelle Denise Buller ...
Tags: UCL, Court, Supreme
The UCL Practitioner - http://www.uclpractitioner.com/
9 Sep 5:30 am
Anthony L. Cooper, et al., v. R.J. Reynolds Tobacco Co., etc., et al., No. 3:08-cv-153, 586 F. ... can almost fully recover within fifteen years of quitting smoking. In about as much time, a tobacco class action suit wound its way through Florida's state courts ... be joined for trial, citing a similar concern stated in Lowery v. Alabama Power Co., 483 F.3d 1184, 1203-04 (11th Cir. 2007). (Editors' ... pack." Cf. Anthony L. Cooper, et al., v. R.J. Reynolds Tobacco Co., et al., No. 08-90021D (11th Cir. Oct. ...
Class Action Fairness Act Blog - http://www.cafalawblog.com/
17 Jun 11:59 pm by Lawrence B. Ebert
... Wall Street Journal wrote: A federal jury ruled Tuesday [16 June 2009] for R.J. Reynolds Tobacco Co. in a high-stakes dispute with Star Scientific Inc. (STSI) over Star's patent claims for a new method of curing tobacco in a way that reduces certain cancer-causing toxins. On past turns in the case: Star Scientific prevails in inequitable conduct matter in Reynolds case wherein the CAFC reversed a previous inequitable conduct finding described in http://ipbiz.blogspot.com/ ...
IPBiz - http://ipbiz.blogspot.com
9 Sep, 2008 4:10 pm by Joe Tort
Article in the Wall Street Journal -- Reynolds American to Cut 570 Jobs, by David Benoit. Here's an excerpt: Reynolds American Inc. will lay off 10% of its U.S. work force and refocus R.J. Reynolds Tobacco Co. as the company...
Mass Tort Litigation Blog - http://lawprofessors.typepad.com/mass_tort_litigation/
28 Dec, 2007 6:24 am by Joe Tort
The BNA Class Action Reporter reports that a Minnesota Court of Appeals ruled that "a federal cigarette labeling law does not preempt state-law claims that representations about "light" cigarettes were fraudulent." See Dahl v. R.J. Reynolds Tobacco Co., Minn. Ct....
Mass Tort Litigation Blog - http://lawprofessors.typepad.com/mass_tort_litigation/
22 May 2:37 pm by Ashby Jones
... Laurence Olivier, Richard Wagner, Tommy John and Morrissey. On with it: A Big Loss for Big Tobacco: The D.C. Circuit on Friday largely upheld a landmark ruling which found that ... Morris unit said in a statement today that they intend to appeal. Reynolds American Inc.’s R.J. Reynolds Tobacco also said it will appeal. Opinion; WSJ; WaPo; ... years in prison for poisoning his children to extort money from Campbell's Soup Co. William Cunningham was sentenced Thursday after a jury found him guilty on seven ...
Law Blog - http://blogs.wsj.com/law
2 Dec, 2008 12:10 pm by Farah & Farah
... would be the first of 8,000 similar lawsuits to be heard in Florida against Big Tobacco. Thousands of individual lawsuits were allowed to move forward after the Florida Supreme ... they succeed, the jury can listen to key findings already established against the tobacco industry in the class-action Engle case. The findings in the case, named for a Miami Beach ... 1996 were eligible to file suit naming R.J. Reynolds, Brown & Williamson, The American Tobacco Co, Philip Morris and Lorillard. Re-proving ...
Jacksonville Personal Injury Blog - http://www.foryourprotection.com/
4 Apr, 2008 4:53 am by Michael J. Hassen
... Judge Jack Weinstein of the United States District Court for the Eastern District of New York certified a class action against Philip Morris USA, R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp., Lorillard Tobacco Co., Ligget Group, American Tobacco Co., Altria Group, and British American Tobacco; the underlying class action complaint alleged the tobacco companies duped smokers into believing that "light" cigarettes were less harmful to them. <i>See ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
27 Aug, 2008 12:11 am by Phil
... United States Court of Appeals for the Federal Circuit ruled in the Star Scientific Inc. v. R.J. Reynolds Tobacco Co. case yesterday, August 25, 2008. The following is excerpted from the decision: Plaintiff-Appellant Star ... 649 and '401 patents due to indefiniteness. See Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 8:01-cv-1504, slip op. at 46 (D. Md. June 26, 2007) ("Inequitable Conduct Order"); Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 8:01-cv-1504, slip op. at 12-14 (D. ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
26 Aug, 2008 2:07 am
... , 2008) Petersburg, Virginia-based Star Scientific, Inc., sued R.J. Reynolds Tobacco Co. for infringement of U.S. Patent Nos. 6,202,649 ... 1998, by Star consultant Dr. Harold Burton in which Burton wrote that Chinese tobacco products contain very low TSNA levels, probably due to radiant heating. ... -provisional application that deleted the statement that radiant heat curing of U.S.-grown tobacco produced "high levels of TSNA." Instead, the application disclosed: "I have discovered that it is possible ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
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