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Safe Harbors Double Patent

McDermott Will & Emery

Self-Help CIP Doesn’t Give Rise to § 121 Safe Harbor

Addressing whether patent holders can use the 35 USC § 121 safe harbor on a self-help basis to avoid obviousness-type double patenting, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board...more

Benesch

Federal Circuit Confirms That Continuation Patent Type May Not Be Retroactively Altered to Invoke Safe Harbor Provision

Benesch on

In In re: Janssen Biotech, Inc., the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“Board”) holding that, for the purposes of the safe harbor provision of 35 U.S.C. § 121, a patent owner of a...more

Foley & Lardner LLP

Federal Circuit Strikes Final Blow to Celebrex Patent

Foley & Lardner LLP on

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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