restriction – Yonaxis® I.P. Law Group

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

103 double patenting fed circuit watch patent PTE95 January 4, 2019December 12, 2018 by Yonaxis

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. …

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 February 1, 2018April 17, 2018 by Yonaxis

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 …