Case Study: Marine Polymer V. HemCon

Law360, New York (April 17, 2012, 12:37 PM EDT) -- A splintered U.S. Court of Appeals for the Federal Circuit, sitting en banc, reversed on earlier panel decision and concluded that intervening rights cannot be applied to claims whose text was not amended or that were not added during re-examination. In so holding, the court rejected the reasoning of a prior panel that intervening rights could be applied based on claim scope limiting arguments made during re-examination. Marine Polymer Techs. Inc. v. HemCon Inc., Case No. 10-1548 (Fed. Cir. March 15, 2012) (en banc).

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