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Star Scientific, Inc. v. R.J. Reynolds Tobacco Co. (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- We may have reached the high-water mark on the expansion of the inequitable conduct doctrine. Recent decisions from the Federal Circuit seem to signal a retrenchment in the Court's treatment of the doctrine, and its willingness to affirm district court judgments finding inequitable conduct, particularly in the context of summary judgment decisions. One of the first indications of this new direction came in the Eisai Co. v. Dr. Reddy's Laboratories, Inc. decision last month, where Judge Rader forcefully reminded us that finding inequitable conduct should be "a high bar," citing the Court's en banc decision...

Full post as published by Patent Docs on August 27, 2008 (boomark / email).