R.J. Reynolds Tobacco Co. v. Star Scientific, Inc.
- Case Date: 4/27/2012
- Project Name: Civil Justice Reform
On September 21, 2012, the parties reached a settlement and agreed to dismiss the petition for discretionary review in R.J. Reynolds Tobacco Co. v. Star Scientific, Inc. As a result, the U.S. Supreme Court will not use the case as a vehicle to clarify the statutory “definiteness” requirement that directs every patent application to specifically point out the subject matter which the applicant claims as the invention. In its earlier brief urging review, WLF argued that the “definiteness” requirement contained in federal law not only requires the patentee to distinguish the invention from prior art, but it also requires the patent’s claims to sufficiently clarify the invention’s boundaries for future inventors desiring to avoid infringement. WLF also argued that the Federal Circuit’s recent “insolubly ambiguous” test for patent definiteness fails to adequately put the world on notice of the patent’s true reach.
|Settled; petition voluntarily dismissed.|
More Information and Downloads:
|4/27/2012: Download the Brief|
|Press Release: Court Urged To Clarify "Definiteness" Requirement For Patents|