CAFC to rehear en banc HemCon's patent infringement appeal

HemCon Medical Technologies, Inc., announced today that the U.S. Court of Appeals for the Federal Circuit (CAFC) will rehear en banc HemCon's appeal of the patent infringement case brought by Marine Polymer Technologies, Inc. The decision to rehear the appeal en banc means that the appeal will be considered by all eleven active judges on the Federal Circuit and Senior Judge Gajarsa. The CAFC decision to rehear en banc arose following a petition filed by Marine Polymer Technologies, Inc. on October 26, 2011.

“HemCon is confident that the three-judge panel was correct in reversing the judgment of the district court. We expect the en banc Court will confirm that decision”

A three-judge panel of the CAFC previously decided the appeal, and on September 26, 2011 announced the reversal of the judgment against HemCon that had been entered by the district court in the case.

For the en banc rehearing, the CAFC decided not to request additional briefing or oral argument from the parties. En banc consideration of the appeal will proceed based on the briefs and arguments originally submitted to the court.

"HemCon is confident that the three-judge panel was correct in reversing the judgment of the district court. We expect the en banc Court will confirm that decision," said Nick Hart, HemCon's President and Chief Financial Officer.