News & Analysis as of

Patent Invalidity Obviousness-Type Double Patenting (ODP) Patent Term Adjustment

Saul Ewing LLP

What Intellectual Property Owners Need to Know Today About Obviousness-Type Double Patenting

Saul Ewing LLP on

What You Need to Know: • Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that...more

McDermott Will & Emery

Cellect Your Weapon: Navigating Potential Arguments in the Aftermath of In re Cellect

McDermott Will & Emery on

In In re Cellect, 81 F.4th 1216 (Fed. Cir. 2023), the US Court of Appeals for the Federal Circuit held that a later-expiring patent can be invalid for obviousness-type double patenting (ODP) in view of an earlier-expiring,...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Puts the Onus on Patent Owners to Disclaim Patent Term or Face Double-Patenting

On August 28, 2023, the U.S. Court of Appeals for the Federal Circuit, in In re Cellect, Appeal No. 2022-1293, evaluated for the first time how statutorily authorized patent term adjustments interact with the judge-made...more

Foley & Lardner LLP

Federal Circuit Puts Patent Term Adjustment On The Chopping Block

Foley & Lardner LLP on

In In re Cellect, the Federal Circuit effectively held that Patent Term Adjustment (PTA) awarded under 35 USC § 154 is not protected from obviousness-type double patenting (OTDP) in view of a patent with the same 20-year...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Patent Term Adjustment Results in Invalidity on Obviousness-Type Double Patenting Grounds

The Federal Circuit recently affirmed a United States Patent and Trademark Office (PTO) decision to invalidate four related patents on obviousness-type double patenting grounds (OTDP), holding that any analysis of OTDP for...more

Knobbe Martens

Novartis AG v. Ezra Ventures LLC

Knobbe Martens on

Federal Circuit Summary - Before Moore, Chen, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: Obviousness-type double patenting does not invalidate an otherwise validly...more

Dechert LLP

Recent Federal Circuit Decisions on Obviousness-Type Double Patenting May Shape Life Science Patent Portfolio Management

Dechert LLP on

The Federal Circuit recently decided two appeals, Novartis AG v. Ezra Ventures LLC (“Ezra”) and Novartis Pharms. Corp. v. Breckenridge Pharm. Inc. (“Breckenridge”) that both relate to the effect of obviousness-type double...more

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