News & Analysis as of

Double Patent Patent Expiration Patent Litigation

Morgan Lewis

Federal Circuit Clarifies Proper Double-Patenting Reference

Morgan Lewis on

In Allergan USA v. MSN Labs, the US Court of Appeals for the Federal Circuit held, that later-filed, later-issued claims cannot serve as proper reference for invalidating earlier-filed, earlier-issued claims having the same...more

White & Case LLP

Federal Circuit Limits the Application of Obviousness-Type Double Patenting for Patents in the Same Family

White & Case LLP on

On August 13, 2024, a three-judge panel of the Court of Appeals for the Federal Circuit issued a decision, authored by Judge Lourie, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the...more

Kilpatrick

First-filed, Later-Expiring Patent Protected from Obviousness-Type Double Patenting Post In re Cellect

Kilpatrick on

The recent In re Cellect decision by the Federal Circuit1 is significant for patent owners who have obtained patent-term adjusted patents in the same patent family. The court held that term-adjusted patents can be potentially...more

Mintz - Intellectual Property Viewpoints

A Continuation Application is an Implicit Admission of Obviousness-Type Double Patenting When Filed from a Parent Patent

Filing a continuation application from a parent patent is an implicit admission that obviousness-type double patenting (ODP) applies to the resulting continuation patent. A Terminal Disclaimer in the continuation patent over...more

Katten Muchin Rosenman LLP

Whether Obviousness Type Double Patenting Can Be Used to Invalidate Patents That Expire Later Because of Patent Term Adjustment

We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP)...more

WilmerHale

Important New Decision Regarding Obviousness-Type Double Patenting Challenge Between Patents from the Same Family

WilmerHale on

On March 22, 2021, the US District Court for the District of New Jersey found a patent’s claims not invalid under the doctrine of obviousness-type double patenting (OTDP) in view of a reference patent from the same patent...more

Fenwick & West LLP

Patent Owners Win as Federal Circuit Reins in Gilead and AbbVie Double Patenting Rulings

Fenwick & West LLP on

In a pair of patent owner victories, the U.S. Court of Appeals for the Federal Circuit issued decisions limiting the applicability of obviousness-type double patenting — known as OTDP — to invalidate or limit the term of...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Partially Clarifies Obviousness-Type Double Patenting Law in Two Opinions Released the Same Day

The Court of Appeals for the Federal Circuit issued two opinions on December 7 that address two unsettled questions relating to obviousness-type double patenting (OTDP). These issues are of particular interest to...more

Troutman Pepper

Obviousness-Type Double Patenting Just Became Less of a Problem for Innovators

Troutman Pepper on

The Federal Circuit recently issued a pair of decisions concerning the Gilead doctrine, which allowed later-issuing patents to be obviousness-type double patenting (ODP) references against earlier-issuing patents....more

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