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STAR SCIENTIFIC, INC. v. R.J. REYNOLDS TOBACCO CO.

No. 2010-1183.

655 F.3d 1364 (2011)

STAR SCIENTIFIC, INC., Plaintiff-Appellant, v. R.J. REYNOLDS TOBACCO COMPANY (A North Carolina Corporation) and R.J. Reynolds Tobacco Company (A New Jersey Corporation), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 26, 2011.

Attorney(s) appearing for the Case

Carter G. Phillips , Sidley Austin, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Eric A. Shumsky , Michael D. Hatcher and Quin M. Sorenson. Of counsel on the brief were Richard McMillan, Jr. , Mark M. Supko and Jeffrey D. Ahdoot , of Crowell & Moring, LLP, of Washington, DC.

Meredith Martin Addy , Brinks, Hoefer, Gilson & Lione, of Chicago, IL, argued for defendants-appellees. On the brief were Richard A. Kaplan , Ralph J. Gabric , Cynthia A. Homan , Danielle Anne Phillip and Julie L. Leichtman . Of Counsel was K. Shannon Mrksich.

Opinion for the court filed by Chief Judge RADER. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.

RADER, Chief Judge,

Appellant Star Scientific, Inc. ("Star") appeals the denial of its motion for judgment as a matter of law ("JMOL") and in the alternative a new trial after a jury verdict of non-infringement and invalidity of U.S. Patent Nos. 6,202,649 ("'649 patent") and 6,425,401 ("'401 patent") (collectively, "Williams patents"). Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 8:01-cv-1504, Dkt. No. 1146 (D.Md. Dec. 21, 2009). This court affirms...

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