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 .
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.
United States Court of Appeals, Federal Circuit.
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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