Intervening Rights Ruling Leaves Patentees Breathing Easy

Law360, New York (March 19, 2012, 10:12 PM EDT) -- The Federal Circuit's en banc ruling that intervening rights for an accused infringer apply only when a patent holder changes claim language during re-examination had patentees breathing a sigh of relief, undoing a panel decision that threatened to inject vast uncertainty into re-examinations, lawyers say.

"The decision puts the law back to what most re-exam practitioners understood to be the law," Christopher McKee of Banner & Witcoff Ltd. said.

Thursday's 6-4 ruling held that intervening rights, which shield accused infringers from liability when the claims of...
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