Header graphic for print
IP & Regulatory Law Blog Reflections of a former regulator on FTC and IP issues

Intervening Or Disappearing Rights?

Posted in Patents

Last week, the Federal Circuit, sitting en banc, gave a shot in the arm to patentees with regard to the “intervening rights” doctrine in its Marine Polymer Technologies, Inc. decision.  The Court confirmed that “intervening rights” (which limits a patentee’s ability to recover for past damages) only apply when there are new or amended patent claims as a result of reexamination.  Prior thereto, a three judge panel of the Fed Circuit held that the doctrine had been triggered by the patentee’s arguments made during reexamination even though no amendments had been made.   In light of this decision, patentees will sleep easier, knowing that they can make arguments during reexamination without losing their claims for past damages.

  • http://www.partnerone.com/ fitzpatrick

    In business for over 16 years, Partner One is a national full service marketing firm with a proven track record for success. Partner One offers what no other ad agency offers: to pay for many of its clients’ advertising costs and to guarantee that its clients’ revenues will increase.