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En Banc Federal Circuit To Reconsider Scope of Intervening Rights Defense

By Dennis Crouch Marine Polymer Tech. v. HemCon, Inc. (Fed. Cir. 2011) The Court of Appeals for the Federal Circuit has announced that it will hold an en banc rehearing of the Marine Polymer Tech case. Straying from its recent...
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Federal Circuit To Announce Whether Software is Patentable?: En Banc Rehearing on Section 101 Issues

Industries / Law : Patent Law Blog (Patently-O) (7 months ago)

By Dennis Crouch CLS Bank Int'l v. Alice Corp, App. No. 2011-1301 (Fed. Cir. 2012) (en banc order) The Federal Circuit has refocused its attention on the question of patentable subject matter and has ordered an en banc rehearing of.... Read Post

Post Grant: Narrowing Claim Construction Argument Creates Intervening Rights for Accused Infringers

Industries / Law : Patent Law Blog (Patently-O) (2 years ago)

by Dennis Crouch Marine Polymer Tech. v. Hemcon, Inc. (Fed. Cir. 2011) It seems that most accused infringers with a credible argument on prior art also file for reexamination or else the patentee preempts with a reissue application.... Read Post

Federal Circuit Limits Intervening Rights to Cases involving Textual Claim Amendments

Industries / Law : Patent Law Blog (Patently-O) (last year)

By Dennis Crouch Marine Polymer Tech. v. Hemcon (Fed. Cir. 2012) (en banc) In a fractured en banc decision, the Federal Circuit has held that statutory the intervening rights defense only arises when the text of claims are amended o... Read Post


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