Court of Appeals for the Federal Circuit August 26, 2011, 2010-1183 (Star Scientific, Inc. v. R.J. Reynolds Tobacco Co.)

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United States · · · 26-08-2011

DYK, Circuit Judge,

concurring-in-part and dissenting-in-part.

Although I agree with the majority with respect to infringement, I would find the patents-at-issue invalid for indefiniteness, and respectfully dissent from the majority’s contrary holding. Because I would hold the patents invalid for indefiniteness, I find it unnecessary to reach any of the other invalidity challenges.

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