Easing The Dissent's Concerns In Marine Polymer

Law360, New York (April 4, 2012, 1:43 PM EDT) -- In the recent Federal Circuit ruling in the Marine Polymer case, one of the dissenting judges expressed concerns that the ruling is “certain to encourage improper strategic behavior by patent applicants.” By this the dissenting judge likely meant the impact of the ruling on claim construction and post-grant proceedings and whether or not it will lead to a claim’s scope fluctuating depending on the area of the claim that is in play. If so, then the dissent’s concerns could be relieved if the U.S. Patent and...
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