Star Scientific Reports on Status of Patent Reexamination Requested by RJ Reynolds Tobacco Prior to Jury Trial

PETERSBURG, Va., Sept. 15 /PRNewswire-FirstCall/ — Star Scientific, Inc. (Nasdaq: STSI) reported that the company’s counsel has received a notice of a first office action, or “Non-Final Detailed Action” from the US Patent & Trademark Office (PTO) as part of the patent reexamination process initiated by RJ Reynolds in January, 2009. As the company previously reported, RJR requested that the PTO find invalid Claims 4, 12 and 20 of the “649” process patent the Office granted in March, 2001. RJR also requested that the PTO find invalid Claim 41 of the “401” process patent issued by the PTO in July, 2002. Statistics published by the PTO regarding reexamination show that 92% of reexamination requests are granted. Granted requests must cite a “substantial new question of patentability” that is identified by reviewing the information submitted by the requestor (RJR). It is typical, therefore, as in this case, for the first office action from the PTO to reject patent claims.

However, PTO statistics also show that almost 90% of patents are maintained following “ex parte” reexaminations. Because Reynolds filed its reexamination request on an ex parte basis, it may no longer participate in the reexamination process nor any possible appeals. Star anticipates that its legal team will submit detailed information and input to the patent re-examiners on or before November 11, 2009, which will be its first response to the PTO. The Company looks forward to having the opportunity to respond on the merits to the first office action.

This press release contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Star Scientific, Inc. and its consolidated subsidiaries ( collectively, the “Company”) has tried, whenever possible, to identify these forward-looking statements using words such as “anticipates”, “believes”, “estimates”, “expects”, “plans”, “intends” and similar expressions. These statements reflect the Company’s current beliefs and are based upon information currently available to it. Accordingly, such forward-looking statements involve known and unknown risks, uncertainties and other factors which could cause the Company’s actual results, performance or achievements to differ materially from those expressed in, or implied by, such statements. These risks, uncertainties and contingencies include, without limitation, the challenges inherent in new product development initiatives, the uncertainties inherent in the progress of scientific research, the Company’s ability to raise additional capital in the future necessary to maintain its business, potential disputes concerning the Company’s intellectual property, risks associated with litigation regarding such intellectual property, potential delays in obtaining any necessary government approvals of the Company’s low-TSNA tobacco products, market acceptance of the Company’s new smokeless tobacco products, competition from companies with greater resources than the Company, the Company’s decision not to join the Master Settlement Agreement (“MSA”), the effect of state statutes adopted under the MSA, and the Company’s dependence on key employees and on its strategic relationships with Brown & Williamson Tobacco Corporation in light of its combination with RJ Reynolds Tobacco Company, Inc. The impact of potential litigation, if initiated against or by individual states that have adopted the MSA, could be materially adverse to the Company.

Although the Company believes the expectations reflected in such forward-looking statements are based on reasonable assumptions, it can give no assurance that the expectations will be attained or that any deviation will not be material. See additional discussion under “Risk Factors” in the Company’s Annual Report on Form 10-K for the year ended December 31, 2008, as filed with the SEC on March 16, 2009, and other factors detailed from time to time in the Company’s other filings with the SEC, available at All information in this release is current as of this date, and the Company undertakes no obligation to update or advise upon any such forward-looking statements to reflect events or circumstances after the date of this press release or to reflect the occurrence of unanticipated events.

About Star Scientific

Star Scientific is a technology-oriented tobacco company with a toxin reduction mission. It is engaged in the development of dissolvable smokeless tobacco products that deliver fewer carcinogenic toxins (principally tobacco specific nitrosamines, or TSNAs), through the utilization of the innovative StarCured(R) tobacco curing technology, and in sublicensing that technology to others. Star Scientific has a Corporate and Sales Office in Petersburg, VA, an Executive, Scientific & Regulatory Affairs office in Bethesda, MD, and manufacturing facilities in Chase City, VA.

About Rock Creek Pharmaceuticals.

Rock Creek Pharmaceuticals develops pharmaceutical and nutraceutical products for among other things, treatment of addiction and other neurological disorders. The company supports third-party academic, educational and therapeutic advances in both these areas of research. Rock Creek has scientific and research offices in Gloucester, MA.

SOURCE Star Scientific, Inc.

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