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Jonathan Tropp Discusses New Intervening Rights Ruling in Law360

Publisher: Law360
March 19, 2012

Jonathan Tropp was quoted in a March 19 Law360 article, "Intervening Rights Ruling Leaves Patentees Breathing Easy," discussing a recent Federal Circuit en banc decision. The ruling undoes a September 2011 decision that created intervening rights for infringers whenever a claim was changed during reexamination arguments, establishing that changes must be textual. Addressing the possibility that patent holders would now try to avoid textual changes, Jonathan said the patent office "will be on guard against it," adding that the possibility of abuse by infringers under the September ruling was much greater.


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