Fed Circuit Watch: Gaming of Patent System Cannot Save Patent from Invalidation on Double Patenting Grounds

CIP divisional double patenting fed circuit watch patent restriction

On January 23, 2018, the United States Court of Appeals for the Federal Circuit handed down In re Janssen Biotech, Inc.,[1] which dealt with the specific issue of the double patenting safe harbor under 35 U.S.C. §121.[2]  This case is an example of playing games with the patent prosecution system in order to better position …

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