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Federal Circuit Issues Decision In Marine Polymer v. Hemcon

  • 03.15.12
  • Sterne, Kessler, Goldstein & Fox

The United States Court of Appeals for the Federal Circuit on March 15, 2012, handed down an en banc decision in Marine Polymer v. Hemcon (Case No.  2010 – 1548) ruling that no intervening rights are created by a concurrent patent reexamination where there are only arguments made but no amendment to the claims in reexamination.  This closely watched decision has important implications in all patent litigations having concurrent reexamination of the same patent claims. To view the decision, download the PDF above.

Rob Sterne and Jon Wright on behalf of two clients filed an amicus brief in the case.

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