IP Alerts

IP Alert
IP Alert: Federal Circuit Issues En Banc Decision Relating to Intervening Rights

March 15, 2012

UPDATE: Today, in Marine Polymer Technologies, Inc. v. HemCon, Inc., the Court of Appeals for the Federal Circuit issued an en banc decision relating to intervening rights. Disagreeing with the earlier panel decision, discussed in our previous alert on this case, a majority of the court concluded that intervening rights arising under 35 U.S.C. 307 in reexaminations do not apply to claims that have not been amended in the reexamination and that were not newly added.

Fitch Even attorneys are reviewing the case and will report in more detail in an upcoming alert.

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