Category Archives: Double Patenting

Novartis v. Breckenridge: Obviousness-Type Double Patenting Explained

Without trying to summarize this well-written opinion by Judge Chen, I simply recommend that you store it somewhere and pull it out when you have a tricky obviousness-type double-patenting situation and want a thorough review of the doctrine. The opinion … Continue reading

Posted in Double Patenting, Obviousness | Tagged , , , , , | Leave a comment

In Re Hubbell

Guest post by Theresa Stadheim of Schwegman Lundberg & Woessner) In In Re Jeffrey Hubbell, Jason Schense, Andreas Zisch, and Heike Hall, Appeal No. 2011-1547 (Fed. Cir. March 7, 2013) (a copy can be found at the end of this post), … Continue reading

Posted in Double Patenting | Tagged , , , , , , , , , , , | Leave a comment

Supreme Court Denies Cert. In Lilly V. Sun

In my post of May 6, 2011, I discussed the facts in some detail in this controversial Fed. Cir. decision and concluded that the majority of the Fed. Cir. got this one wrong – the court voted 5-4 to deny … Continue reading

Posted in Double Patenting | Tagged , , , , | Leave a comment

What Were They Thinking? A Second Look at Lilly v. Sun

As we all learned years ago, when trying to make sense of Lilly v. Barr, if a Fed. Cir. decision wrestles with obviousness-type double patenting, it will be a labor of Hercules to reason it out. But the majority of … Continue reading

Posted in Double Patenting | Tagged , , , , | 1 Comment