Marine Polymer — Take 2

Law360, New York (February 28, 2012, 1:00 PM EST) -- Intervening rights is a powerful limitation that may apply to a patent that has undergone re-examination.[1] If “absolute intervening rights” is found to apply, an effect is elimination of all claims for damages arising from infringing activity occurring prior to issuance of a re-examination certificate. A second flavor of intervening rights, “equitable intervening rights,” can prospectively limit a patent owner’s remedy against an infringer, e.g., availability of an injunction to prevent future infringement.

In its recent Marine Polymer decision,[2] a three-judge panel of the Court of...
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