UPDATE 2-Star Scientific seeks to overturn Reynolds verdict
* Star Scientific files motion asking for a new trial
* Star says willing to take case to appeals court
* Star shares close up 2 cents at $1.01
* Reynolds shares close down 24 cents at $38.87 (Adds comment from R.J. Reynolds, byline; updates stock movement)
By Ian Sherr
CHICAGO, July 7 (Reuters) - Tobacco company Star Scientific Inc STSI.O is seeking reversal of a jury ruling that cleared a Reynolds American Inc (RAI.N) unit of violating a Star patent for reducing cancer-causing agents in tobacco.
The company said on Tuesday it may take the case to the federal circuit appeals court if U.S. District Judge Marvin Garbis does not set aside the jury's verdict and either rule in Star's favor in the case or grant a new trial.
Last month, a jury found that R.J. Reynolds, the maker of Camel cigarettes, had not infringed on Star Scientific's patent for a tobacco curing process that would inhibit "microbial nitrate reductase activity" that can lead to cancer-causing nitrosamines in tobacco. [ID:nN16390026]
R.J. Reynolds spokesman David Howard said Star's action was not surprising. "The bottom line is that we stand by the unanimous decision of the jury in our favor, and we feel that the jury verdict will be upheld on appeal."
Star Scientific first sued R.J. Reynolds in 2001. In June 2007, a district judge ruled that Star Scientific's patents were unenforceable because of the way in which the company applied for the patent.
More than a year later, Star Scientific won an appeal against R.J. Reynolds in the U.S. Court of Appeals for the Federal Circuit, which sent the case back to the lower court for a trial. [ID:nN25233036]
Star Scientific's shares closed up 2 cents to $1.01 on Nasdaq while Reynolds shares closed down 24 cents at $38.87 on the New York Stock Exchange. (Reporting by Ian Sherr; Editing by Derek Caney and Tim Dobbyn)










