Fed. Circ. To Probe When Intervening Rights Kick In

Law360, New York (January 20, 2012, 9:17 PM EST) -- The Federal Circuit on Friday granted an en banc rehearing of a decision that intervening rights for an accused infringer attach when a patent holder merely makes an argument during re-examination that affect the scope of the claims, a ruling that drew sharp criticism from patent holders.

In a 2-1 decision in September, a Federal Circuit panel vacated a $29 million jury verdict against HemCon Medical Technologies Inc., ruling that arguments by plaintiff Marine Polymer Technologies Inc. during re-examination gave HemCon intervening rights, which shield accused...
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