Fed. Circ. Reins In Reach Of Double-Patenting Doctrine

Fed. Circ. Reins In Reach Of Double-Patenting Doctrine

December 14, 2018, Law360

Brianne Bharkhda and Natalie Derzko are quoted in Law360 regarding two Federal Circuit decisions that have cleared up lingering questions about patents can be invalidated under the double-patenting doctrine and identified situations where it does not apply. Ms. Bharkhda says, "I would characterize the two decisions as further defining the contours of the obviousness-type double-patenting doctrine, particularly answering several questions that were raised by the Federal Circuit's decision in Gilead v. Natco."

Ms. Derzko says the decision "affirmed the ability to obtain patent term extension without the threat that there might be an obviousness-type double-patenting problem raised based on the patent term extension itself."