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Patent Law Article by Jonathan Tropp Published in Law360

Publisher: Law360
December 22, 2011
Day Pitney Author(s) Jonathan B. Tropp

Jonathan Tropp wrote an article for Law360 that discusses a ruling by the Federal Circuit on intervening rights in patent cases. The article looks at Marine Polymer Technologies v. HemCon, a case of first impression in which the court "created a new breed of intervening right at common law." Jon writes that because of the decision, "patentees must now exercise additional care" when making post-grant arguments to the PTO, to make sure their patent rights are not discarded even without amendments to the claims.