Wednesday, September 28, 2011

Federal Circuit -- MARINE POLYMER TECHNOLOGIES, INC. V. HEMCON, INC.

Doctrine of absolute intervening rights protects products produced before reexamination date.

Making of substantive changes in claim during reexamination makes grounds of original claim moot.

Dissent - Shouldn't review, absolute intervening rights don't apply absent a change in the claim.

MARINE POLYMER TECHNOLOGIES, INC. V. HEMCON, INC.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.