We need to file an upstream bug for Selenium and IE10. Here's the conversation I had with Jim Evans on #selenium:

(03:48:24 PM) chrismcmahon: jimevans: I think you have something to do with Se and IE, yes? Where would be the best place to report a bug? I have an element that is invisible to FF and Chrome (and humans) but IE10 at least thinks it is visible.
(03:49:12 PM) chrismcmahon: jimevans: IE10 in Selenium I mean, the element appears invisible to humans in IE10 also, just Selenium thinks it is visible.
(03:49:55 PM) jimevans: :newissue
(03:49:55 PM) selbot2____: https://code.google.com/p/selenium/issues/entry
(03:50:24 PM) jimevans: but for the report to be actionable, you'll need to provide a page that repros the problem (or url to the same)
(03:50:47 PM) jimevans: if you won't provide the html to run against, the report is worthless.
(03:50:58 PM) chrismcmahon: thanks jimevans yeah, it's all in a public test env with public tests failing
(03:51:04 PM) jimevans: (and yes, i meant "won't", not "can't")
(03:52:08 PM) jimevans: don't expect me to look at it for a couple of weeks at least. i'm totally swamped with other stuff.
(03:53:46 PM) chrismcmahon: jimevans: what I don't have at the tip of my fingers is a super-short demo of the problem, just test results in the context of a Jenkins build running Cucumber tests against Sauce VMs. That's all public though, and easy to point to, if it would be adequate.
(03:55:22 PM) jimevans: try to distill it down if you can. you have an element that you think doesn't do visibility correctly. make the page directly navigable to, and give a very simple script (doesn't matter the language) using the raw webdriver api
(04:01:11 PM) chrismcmahon: jimevans: I'll work one up. If you want a quick look, hover on the blue "Selenium user" on this page to see text appear "Talk|contribs". FF and Chrome rightly think "Talk|contribs" is not visible until after hovering, IE10 thinks they are always visible. http://en.wikipedia.beta.wmflabs.org/wiki/Talk:Flow_QA