Intervening Rights Ruling Leaves Patentees Breathing Easy

Law360, New York (March 19, 2012, 10:12 PM EDT) -- The Federal Circuit's en banc ruling that intervening rights for an accused infringer apply only when a patent holder changes claim language during re-examination had patentees breathing a sigh of relief, undoing a panel decision that threatened to inject vast uncertainty into re-examinations, lawyers say.

"The decision puts the law back to what most re-exam practitioners understood to be the law," Christopher McKee of Banner & Witcoff Ltd. said.

Thursday's 6-4 ruling held that intervening rights, which shield accused infringers from liability when the claims of a patent are amended during re-examination, apply only when the text of the claims is...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!