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ARTICLE · 01 OCTOBER 2008

The Elevated Standard Of Proof In The Inequitable Conduct Context Remains Paramount

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 07-1448 (Fed. Cir. Aug. 25, 2008), the Federal Circuit reversed the district court's finding that U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenforceable due to inequitable conduct.

United StatesLitigation, Mediation & Arbitration
Judy Chung
Judy Chung
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Judges: Michel (author), Schall, Dyk

[Appealed from D. Md., Senior Judge Garbis]

In Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 07-1448 (Fed. Cir. Aug. 25, 2008), the Federal Circuit reversed the district court's finding that U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenforceable due to inequitable conduct. The Court also reversed and remanded the district court's grant of SJ of invalidity with regard to all asserted claims of the '649 and '401 patents on the basis of indefiniteness.

Star Scientific, Inc. ("Star") is the owner of the '649 and '401 patents, directed to methods for curing tobacco in a way that reduces the amount of a carcinogen, tobacco specific nitrosamine ("TSNA"). During prosecution of the '649 patent, Star's attorneys became aware of a letter from one of Star's consultants regarding curing methods used in China that produced tobacco products containing very low TSNA levels ("the Burton

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