On reconsideration en banc, an equally divided Federal Circuit affirmed and reinstated the judgment of a district court finding that defendant-appellant HemCon, Inc. (“HemCon”) infringed plaintiff-appellee Marine Polymer Technologies, Inc.
Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added
In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.
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