On March 15, 2012, the United States Court of Appeals for the Federal Circuit issued its en banc decision in Marine Polymer v. Hemcon. The en banc court addressed issues relating to claim construction and intervening rights. Most notably, the Court addressed the issue of when a defendant can claim intervening rights under the Patent Act. The defense argued that intervening rights should apply whenever the scope of a claim changes during reexamination. An equally divided Court rejected this argument, deciding that intervening rights only apply after reexamination proceedings when a new claim is added or a claim is amended.
Next Monday, April 2, 2012, at 1pm, PLI is hosting a One Hour Briefing entitled, “Marine Polymer v. Hemcon: An “Amended or New” Standard for Intervening Rights.” The program will feature Denise M. De Mory and Aaron R. Hand of Dewey & LeBoeuf LLP discussing:
- The unique procedural posture of this appeal
- The majority’s claim construction analysis, including its view on claim differentiation
- The dissent’s claim construction analysis
- The majority’s view on intervening rights
- The dissent’s view on intervening rights
Registration is still open for this very timely discussion. Click here for more information.
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