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Divisional Applications United States Patent and Trademark Office

Foley & Lardner LLP

Building A Technological Moat: Strategic Use of Continuing Patent Applications

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For technology-focused companies that rely heavily on innovation, patent portfolio development is critical for establishing and expanding their competitive edge. A key for strategic portfolio development is the continuation...more

McDermott Will & Emery

When a Divisional Is Not a Divisional: No Section 121 Safe Harbor for Reissue Patentee Who Retroactively Omitted New Matter - G.D....

Addressing the “safe harbor” provision under 35 U.S.C. § 121, the U.S. Court of Appeals for the Federal Circuit upheld a district court ruling that a reissue patent was invalid for obviousness-type double patenting. G.D....more

Foley & Lardner LLP

Examination Delay Earns Patent Term Adjustment Only In One Application

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In Mohsenzadeh v. Lee, the Federal Circuit affirmed the district court’s decision that the USPTO’s delay in issuing a Restriction Requirement in a parent application does not earn Patent Term Adjustment (PTA) for the ensuing...more

Foley & Lardner LLP

Federal Circuit Strikes Final Blow to Celebrex Patent

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In 2008, the Federal Circuit determined that claims 1-4 and 11-17 of U.S. Patent No. 5,760,068 were invalid for obviousness-type double patenting (OTDP) over a related parent patent, in part because the ‘068 patent was filed...more

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