Federal Circuit Defines Materiality For Inequitable Conduct

Law360, New York (February 13, 2006, 12:00 AM EST) -- In a move that could have far-reaching implications, the U.S. Court of Appeals for the Federal Circuit has finally tried to clarify a concept that has often proved both ambiguous and arbitrary in its implementation: the materiality standard for inequitable conduct.

The Federal Circuit briefly digressed in an opinion issued last week in the case between drilling companies, Digital Control Inc. and The Charles Machine Works (also known as “DitchWitch”) to address how “materiality” in inequitable conduct should be determined in light of changes to the...
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