MARINE POLYMER TECHNOLOGIES, INC. v. HEMCON, INC.

No. 2010-1548.

672 F.3d 1350 (2012)

MARINE POLYMER TECHNOLOGIES, INC., Plaintiff-Appellee, v. HEMCON, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 15, 2012.


Attorney(s) appearing for the Case

Brian M. Poissant , Jones Day, of New York, NY, for plaintiff-appellee on rehearing en banc. With him on the brief were Julie M. Baher , Lynda Q. Nguyen and Ognian V. Shentov . Of counsel was Gregory A. Castanias , of Washington, DC.

Raymond A. Kurz , Hogan Lovells U.S. LLP, of Washington, DC, for defendant-appellant on rehearing en banc. With him on the brief were Celine Jimenez Crowson and Keith B. O'Doherty .

Michael A. Gollin , Venable LLP, of Washington, DC, for amicus curiae Biotechnology Industry Organization on rehearing en banc. With him on the brief were William D. Coston , Martin L. Saad , Meaghan H. Kent and Fabian M. Koenigbauer .

Edward R. Reines , Weil, Gotshal & Manges, LLP, of Redwood Shores, CA, for amici curiae HewlettPackard Company, et al. on rehearing en banc. With him on the brief was Nathan Greenblatt .

Matthew C. Phillips , Stoel Rives LLP, of Portland, OR, for amicus curiae Intellectual Ventures Management LLC, on rehearing en banc. With him on the brief were Nathan C. Brunette and Matthew C. Rainey , Intellectual Ventures Management, LLC, of Bellevue, Washington.

Mitchell G. Stockwell , Kilpatrick Townsend & Stockton LLP, of Atlanta, GA, for amicus curiae Jan K. Voda, M.D., on rehearing en banc.

Robert G. Sterne , Sterne, Kessler, Goldstein & Fox, P.L.L.C., of Washington, DC, for amici curiae Soverain Software LLC, et al., on rehearing en banc. With him on the brief was Jon E. Wright .

Matthew J. Moore , Latham & Watkins LLP, of Washington, DC, for amici curiae Geico Corporation, et al. With him on the brief were Julie M. Holloway , and Adam M. Greenfield .

Opinion filed by Circuit Judge DYK, dissenting in part, in which Circuit Judges GAJARSA, REYNA, and WALLACH join in full, and in which Circuit Judge LINN joins in parts I-II.


LOURIE, Circuit Judge.

Defendant-Appellant HemCon, Inc. ("HemCon") appeals from a judgment of the United States District Court for the District of New Hampshire holding that HemCon infringed U.S. Patent 6,864,245 ("the '245 patent") assigned to Plaintiff-Appellee Marine Polymer Technologies, Inc. ("Marine Polymer"). On September 26, 2011, a panel of this court reversed the district court's decision, concluding that HemCon had acquired intervening rights in the '245...

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