How do courts determine equitable intervening rights in patent cases?
Courts consider several factors when determining whether to grant equitable intervening rights in patent cases: The nature and extent of the accused infringer’s reliance on the original patent claims The amount of time between the grant of the original patent and its reissue or reexamination The infringer’s good faith and investment in the infringing product…
Read MoreWhat activities are protected by intervening rights in patent reexamination?
Intervening rights in patent reexamination protect specific activities carried out before the issuance of a reexamination certificate. According to 35 U.S.C. 307(b), these activities include: Making the patented invention Purchasing the patented invention Using the patented invention within the United States Importing the patented invention into the United States Making substantial preparation for any of…
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