Marine Polymer Tech., Inc. v. Hemcon, Inc., No. 10-1548 (Fed. Cir. 2011)Annotate this Case
Plaintiff owns the 245 Patent, which originally issued in 2005 and claims p-GlcNAc, a polymer extracted from another polymer called chitin, that accelerates hemostasis (the process which causes bleeding to stop) and is useful in trauma units for treating serious wounds. The district court found infringement. While the case was pending, the patent was re-examined; the scope of the claims changed. The Federal Circuit vacated an injunction and award of damages and remanded. Defendant has absolute intervening rights with respect to products manufactured before the date of reissue. The court must determine whether defendant has equitable intervening rights with respect to products manufactured after the date of reissue. A contention that the patent, as originally issued, was invalid is moot.
The court issued a subsequent related opinion or order on March 15, 2012.
The court issued a subsequent related opinion or order on January 20, 2012.
The court issued a subsequent related opinion or order on January 26, 2012.