Implications Of Praxair V. ATMI

Law360, New York (December 9, 2008, 12:00 AM EST) -- In August 2008, the U.S. Court of Appeals for the Federal Circuit decided Star Scientific Inc. v. R.J. Reynolds Tobacco Co., 537 F.3d 1357 (Fed. Cir. 2008), and reversed a finding of inequitable conduct because R.J. Reynolds Tobacco Company (R.J. Reynolds) had failed to provide adequate evidence to support thresholds of materiality and intent found by the U.S. District Court for the District of Maryland.

According to the Federal Circuit, "[t]he need to strictly enforce the burden of proof and elevated standard of proof in the...
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