Marine Polymer V. HemCon: New Breed Of Intervening Right

Law360, New York (December 22, 2011, 12:15 PM EST) -- By statute, intervening rights excusing past infringement may arise when patent claims undergo substantive change during reissue or reexamination proceedings. In Marine Polymer Technologies Inc. v. HemCon Inc., No. 2010-1548, 2011 U.S. App., 100 U.S.PQ.2d (BNA) 1257 (Fed. Cir. Sept. 26, 2011) (Dyk, J.), a case of first impression, the Federal Circuit concluded that intervening rights arose during reexamination even though infringed claims of the original patent were word-for-word identical with those in the reissue patent.

A divided panel of the court thus concluded that defendant...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.