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• Star Scientific Issues Statement on Bench Trial Ruling in Patent Infringement Lawsuit against RJ Reynolds 

The company is disappointed and frankly outraged by the U.S. District Court's ruling yesterday on the inequitable conduct bench trial in its patent infringement lawsuit against RJ Reynolds Tobacco Company, Inc. (RJR). The Court's conclusion that highly respected and experienced senior attorneys at four national law firms were involved in an alleged plot to deceive the Patent Office is stunning and totally without support in the record. The opinion ignores significant portions of the record, distorts others, and spins a tale that is unrecognizable to those who attended the trial.

This distortion of the record, and numerous other errors by the district court, provide ample grounds for our appeal, both on the law and the facts. Our counsel will file a notice of appeal with the United States Court of Appeals for the Federal Circuit immediately upon entry of judgment, and will request that the Federal Circuit undertake the review on an expedited basis. We will also appeal the Court's January 19, 2007 rulings on definiteness and effective filing date. We welcome the opportunity to present the record in this case to objective decision-makers on the Federal Circuit. We are confident that we will prevail.

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