Law

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In 'Allergan v. MSN Laboratories'

On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an ...
JD Supra

Federal Circuit Weighs in Again on Obviousness-Type Double Patenting to Limit In re Cellect and Preserve PTA for First-Filed, First-Issued Patents

Obviousness-type double patenting (ODP), a judicially-created ground of patent invalidity, has become the subject of intense interest after the Federal Circuit issued two decisions refining the ...
IPWatchdog

History Has It: Time to Terminate Obviousness-Type Double Patenting

“There can be no debate that ODP rejections of patent applications stem from a judicially-created doctrine not found in the patent statutes. As such, relatively recent Supreme Court decisions support ...
IPWatchdog

SCOTUS Denies Challenges to Section 101 Test, Trademark Domicile Rules and Obviousness-Type Double-Patenting Analysis

“Eolas noted the myriad calls on SCOTUS to clarify the Section 101 eligibility test in Federal Circuit rulings… and from the U.S. Solicitor General.” On October 7, the U.S. Supreme Court issued an ...