ReexamLink By Tim Bianchi

Patent Prosecution | Litigation | Post-Grant Proceedings

Category: equitable intervening rights

En Banc Decision in Marine Polymer v. HemCon: Amended or New Claims are Candidates for Possible Intervening Rights

Mar 20, 2012

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by

Tim Bianchi

in absolute intervening rights, Damages, equitable intervening rights, intervening rights, Litigation, past damages, reexamination generally, Reissue

In my earlier post, I summarized the panel opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc. On September 26, 2011, a panel of the Federal Circuit reversed the district court’s decision, concluding that HemCon had acquired intervening rights in the ‘245 patent based on actions taken in a reexamination proceeding. That opinion was vacated and…
Marine Polymer Technologies v. HemCon, Inc. and Intervening Rights

Oct 30, 2011

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by

Tim Bianchi

in absolute intervening rights, Appealable, equitable intervening rights, ex parte reexamination, intervening rights, Litigation, past damages, reexamination generally

Marine Polymer Technologies, Inc. v. HemCon, Inc. (Fed. Cir. 2011) is a widely reported case that raises some questions about the scope of the application of intervening rights. It involves a matter where the literal language of a claim was not amended, yet absolute intervening rights were still found to apply to the accused infringer. Marine…