Effect of Patent Term Extensions on Obviousness-type Double Patenting
JD Supra Law
OCTOBER 22, 2024
The US Court of Appeals for the Federal Circuit issued its opinion in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024), holding that “a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.” The decision, issued on August 13, 2024, clarifies the scope and applicability of Federal Circuit’s previous decision in In re Cellect, LLC, 81 F.4th 1216 (Fed.
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