Intellectual Property
May 5, 2012
Marine Polymer: intervening rights only if patent claim amended
In a sharply split decision, the court held that intervening rights arise in a patent reexamination only when the claims have been amended or are new. By Audrey A. Millemann of Weintraub Genshlea Chediak Tobin & Tobin
In Marine Polymer Technologies, Inc. v. HemCon, Inc., 2012 U.S. App. LEXIS 5567 (Fed. Cir., March 15, 2012), the Federal Circuit Court of Appeals reversed an earlier decision by a panel of the court that had created uncertainty as to the rights of an infringer resulting from patent reexamination proceedings. The court held in a sharply split en banc decision that intervening rights arise in a patent reexamination only when the...
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