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Articles

Double-Patenting May Apply When Two Patents Have Different Expiration Dates; Later-Expiring Patent to a Species Was Invalid Where Earlier-Expiring Patent Disclosed Small Genus and the Utility Claimed in the Later Patent

August 28, 2014

Articles

Double-Patenting May Apply When Two Patents Have Different Expiration Dates; Later-Expiring Patent to a Species Was Invalid Where Earlier-Expiring Patent Disclosed Small Genus and the Utility Claimed in the Later Patent

August 28, 2014

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AbbVie Inc. v. The Mathilda & Terence Kennedy Inst. of Rheumatology Trust, ___ F.3d ___ (Fed. Cir. Aug. 21, 2014) (DYK, Wallach, Chen) (S.D.N.Y.: Crotty) (2 of 5 stars)

Fed Cir affirms invalidity based on obviousness-type double patenting.  Kennedy obtained two related patents covering treatment methods for rheumatoid arthritis by co-administering two drugs. The later patent claimed a species of the genus covered by the first, earlier-expiring patent.–Read more on Fish’s Litigation Blog

 


The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.