Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added

In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.

21 minute readMay 30, 2012 at 04:24 PM
By
Angie M. Hankins
Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added

On reconsiderationen banc, an equally divided Federal Circuit affirmed and reinstated the judgment of a district court finding that defendant-appellant HemCon, Inc. (“HemCon”) infringed plaintiff-appellee Marine Polymer Technologies,

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