Facebook, Others Weigh In On Fed. Circ. Intervening Rights Case

Law360, New York (February 13, 2012, 8:04 PM EST) -- Facebook Inc., Google Inc., and others lodged amicus briefs Friday on behalf of HemCon Medical Technologies Inc. ahead of an en banc rehearing of a Federal Circuit panel's decision that changed the way intervening rights apply during patent re-examinations.

A three-judge panel's controversial September ruling in Marine Polymer Technologies Inc.’s case against HemCon held that intervening rights for an accused infringer apply when a patentholder merely makes an argument during re-examination that affect the scope of the claims.

But on Jan. 20, the Federal Circuit vacated...
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