Is Federal Circuit Inequitable Conduct Law Panel-Specific?
– Ryan A. Heck The past year has brought a number of Federal Circuit inequitable conduct cases. Cases such as Nilssen v. Osram Sylvania and Scanner Technologies v. Icos Vision Systems suggest that the scope of potential inequitable conduct fodder continues to increase. However, the outcomes of seemingly factually similar cases can be difficult to reconcile. Similarly, Star Scientific v. R J. Reynolds Tobacco provides statements that would seem to do much to cabin inequitable conduct allegations, but may not be consistently applied. This presentation will review recent Federal Circuit inequitable conduct decisions to determine if they can be reconciled or if the outcomes may simply be driven by the composition of the appellate panels.
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