Fed. Circ. Reins In Inequitable Conduct Doctrine

Law360, New York (August 27, 2008, 12:00 AM EDT) -- Recently, the Federal Circuit in Star Scientific Inc. v. R.J. Reynolds Tobacco Co., 2007-1524, articulated perhaps its most conservative approach yet concerning the deceptive intent element of the inequitable conduct defense, ruling that deceptive intent drawn from indirect evidence must be the single most reasonable inference able to be drawn from the evidence.

Inequitable conduct requires a material act or omission coupled with an intent to deceive. While that standard may seem clear enough, the doctrine of inequitable conduct evolved with wavering guidelines concerning the quantum...
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