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Federal Circuit Delivers Two Important Decisions on Obviousness-Type Double Patenting

December 10, 2018, Covington Alert

On December 7, 2018, the Federal Circuit issued two highly-anticipated decisions clarifying the application of the obviousness-type double patenting doctrine: Novartis AG v. Ezra Ventures LLC (patent term extension ("PTE")), and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. (pre-Uruguay Round Agreements Act ("URAA") versus post-URAA patents). In both cases, the Federal Circuit declined to extend the reasoning of Gilead Sciences Inc. v. Natco Pharma Ltd. to the factual scenarios presented.

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