By: Bracewell & Giuliani
Source: http://www.jdsupra.com
Category: Patent Infringement
Problems arise when you suddenly realize that you have prepared for one type of race and you find yourself in the middle of a completely different type of competition. Those involved in patent infringement cases analogize the process to running a marathon. Marine Polymer Technologies (Marine Polymer) and HemCon Medical (HemCon) prepared for a marathon; however, they instead found themselves for most of 2011 until March of this year in something akin to a wild chuck-wagon race at the Federal Circuit rodeo roundup.
The two companies are pushing, jostling and jockeying their horse teams over the right to practice a biomedical polymer technology useful to promote hemostasis, which is used to stop bleeding. Marine Polymer received a patent on this biomedical polymer technology in 2005 bearing 22 claims. The focus of much of the dispute relates to two matters: 1) the meaning of the term "biocompatible", which all the claims either use or reference; and 2) whether intervening rights arise in claims that are not amended during reexamination but the scope of which is possibly narrowed through reexamination argument.
Please see full article below for more information.
Source: http://www.jdsupra.com/post/documentViewer.aspx?fid=714eff31-be9f-4025-b51c-6f3c76e6aeeb
Source: http://www.jdsupra.com
Category: Patent Infringement
Problems arise when you suddenly realize that you have prepared for one type of race and you find yourself in the middle of a completely different type of competition. Those involved in patent infringement cases analogize the process to running a marathon. Marine Polymer Technologies (Marine Polymer) and HemCon Medical (HemCon) prepared for a marathon; however, they instead found themselves for most of 2011 until March of this year in something akin to a wild chuck-wagon race at the Federal Circuit rodeo roundup.
The two companies are pushing, jostling and jockeying their horse teams over the right to practice a biomedical polymer technology useful to promote hemostasis, which is used to stop bleeding. Marine Polymer received a patent on this biomedical polymer technology in 2005 bearing 22 claims. The focus of much of the dispute relates to two matters: 1) the meaning of the term "biocompatible", which all the claims either use or reference; and 2) whether intervening rights arise in claims that are not amended during reexamination but the scope of which is possibly narrowed through reexamination argument.
Please see full article below for more information.
Source: http://www.jdsupra.com/post/documentViewer.aspx?fid=714eff31-be9f-4025-b51c-6f3c76e6aeeb
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