Intervening Rights Require Text Changes, Fed. Circ. Says

Law360, New York (March 15, 2012, 7:36 PM EDT) -- Intervening rights for an accused infringer apply only when a patent holder changes claim language during re-examination, the Federal Circuit ruled Thursday in a sharply split en banc decision that reinstated a $29.4 million jury verdict in favor of Marine Polymer Technologies Inc.

The ruling vacates a Federal Circuit panel's September decision that intervening rights, which shield accused infringers from liability when the claims of a patent are amended during re-examination, attach when a patent holder merely makes an argument during re-examination that changes the claims....
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