United States Federal Circuit

In patent infringement litigation concerning a patent for a naturally occurring polysaccharide polymer, the district court's judgment finding infringement is affirmed, where: 1) the district court's claims construction of "biocompatible" was supported by intrinsic evidence; 2) even if the district court’s claim construction was erroneous, the defendant could not argue that the asserted claims of the patent changed in scope during reexamination, thereby giving the defendant intervening rights in those claims, because intervening rights do not apply to claims that have not been amended and are not new; and 3) the damages award was supported by substantial evidence.

Appellate Information

• Decided 03/15/2012
• Published 03/15/2012

Judges

• Lourie

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian M. Poissant, Raymond A. Kurz