IP Blog
Intervening Rights
Absolute or Equitable Intervening Rights: It Matters
A Delaware District Court grants-in-part and denies-in-part patentee’s motion for summary judgment regarding accused infringer’s defense of intervening rights. Sonos, Inc. v. D&M Holdings, Inc., No. 14-1330-WCB (D. Del. Nov 7, 2017). The owner of a patent that survives reexamination “is only entitled to infringement damages for the time period between the date of issuance of the original claims and...