Patent Litigation: Intervening Rights Defense | Practical Law

Patent Litigation: Intervening Rights Defense | Practical Law

A Practice Note discussing the patent infringement defense of intervening rights. This Note addresses the two types of intervening rights under the Patent Act, the purpose of intervening rights, the USPTO proceedings that may trigger intervening rights, pleading and litigating intervening rights in a district court, and considerations when appealing an intervening rights ruling to the US Court of Appeals for the Federal Circuit.

Patent Litigation: Intervening Rights Defense

Practical Law Practice Note w-030-7071 (Approx. 25 pages)

Patent Litigation: Intervening Rights Defense

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Practice Note discussing the patent infringement defense of intervening rights. This Note addresses the two types of intervening rights under the Patent Act, the purpose of intervening rights, the USPTO proceedings that may trigger intervening rights, pleading and litigating intervening rights in a district court, and considerations when appealing an intervening rights ruling to the US Court of Appeals for the Federal Circuit.