Fed Circuit Watch: Obviousness-Type Double Patenting Does Not Preclude §156 Patent Term Extension

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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. …

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Fed Circuit Watch: Later-Filed, Earlier-Expiring Patent Not Appropriate as Obviousness-Type Double Patenting Reference

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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.  …

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