This is the second case dealing with Novartis in which the Court of Appeals for the Federal Circuit has handed down a decision related to patent term. While the facts of this case, Novartis AG v. Ezra Ventures LLC,[1] are very similar to the companion case decided on the same day, Novartis Pharmaceuticals Corp. v. …
Category: PTE95
patent term extension (apps filed between 8 jun 95 and 29 may 00, inclusive)
Fed Circuit Watch: Later-Filed, Earlier-Expiring Patent Not Appropriate as Obviousness-Type Double Patenting Reference
An interesting case which revolved around the interplay between differing patent terms, patent term extension under 35 U.S.C. §156, and obviousness-type double patenting was decided on December 7, 2018, in Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceuticals Inc.,[1] by the Court of Appeals for the Federal Circuit. Patent term has changed based on acts of Congress. …