"If CIGX won the patent litigation, it can ask for injunction while waiting for the appeal process. If injunction is approved, big tobacco canNOT sell its products which infringe on the patent."
True, it can ask for an injunction. However, in order for the judge to grant the injunction, Star must offer up sufficient evidence of likely infringement occurring. At the moment, I would say they don't have it, unless they've been doing some homework these past few years that we are not aware of.
Star has to have data from 1999-2000 on what the TSNA levels were in their competitors products. They knew who was infringing.
Now that the technology has allowed the TSNA levels to be reduced to zero, it isn't too hard to see who is infringing. If you check the low TSNA levels in current cigarettes and the companies don't own a process for reducing the levels, they are cheating.
If a Physics student turns in a test with all the right answers yet no required work shown, it is extremely likely that they cheated. If they can't explain how they got the answer, they cheated. Big tobacco won't be able to explain how they reduced the TSNA's over the years without incriminating themselves in court.
Nevertheless, injunctions are stayed during appeal. But more importantly, injunctions are much more difficult to obtain relative to the RIM days. Do yourself a favor and Google--- Ebay v MercExchange. The threat of injunction in RIM was pre-2006, and involved 4 patents. Also, these patents have not been finally held invalid, the reexamination proceedings are still pending.
Patents are irrelevant to Star's continued viability.
Star won on the validity of their patents, they only lost on the reversal.
Looks like this new Patent application could be big time for Star Scientific if the FDA requires labeling giving carcinogenic information, even more if the FDA would restrict the sale of cigarettes based on that information.