Marine Polymer Technologies v. HemCon, Inc., No. 10-1548 (Fed. Cir. Sept. 26, 2011)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Defendant-Appellant f3[emCon, Inc. ("HemCon") ap­ peals a judgment of the United States District Court for the District of New Hampshire that HemCon infringed Marine Polymer Technologies, Inc.'s ("Marine Polymer") U.S. Patent No. 6,864,245 (the '"245 Patent"). We con­ clude that HemCon has absolute intervening rights with respect to products manufactured before the date of reissue. We remand for a determination of whether HemCon has equitable intervening rights with respect to products manufactured after the date of reissue.