How does the court determine equitable intervening rights?
The court determines equitable intervening rights based on several factors. According to MPEP 2591: “The court is to determine whether the terms are reasonable under the circumstances, and here the court should take into consideration the investments necessarily made or business commenced before the revival of the patent.” Factors that the court may consider include:…
Read MoreHow 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…
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