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Inequitable Conduct Standard Remains Fluid in Praxair v. ATMI

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

By Kevin E. Noonan -- The Federal Circuit's inequitable conduct jurisprudence has appeared for some time to be unduly fact- and panel-dependent, straying in the opinion of at least Judge Rader from the principle enunciated in the Court's en banc decision in Kingsdown Medical Consultants, Ltd. v. Hollister, Inc., 863 F.2d 867 (Fed. Cir. 1988), that a finding of inequitable conduct should be rare and the evidentiary requirements satisfy a "high bar." This trend continues in Praxair, Inc. v. ATMI, Inc., where the Court affirmed a finding of inequitable conduct as to one patent-in-suit, but reversed as to another, based...

Full post as published by Patent Docs on October 03, 2008 (boomark / email).