Welcome to this issue of The Precedent, which covers those opinions from Q3 and Q4 of 2023 that the Federal Circuit designated as precedential and worthy of publication in the Federal Reporter.
The US Court of Appeals for the Federal Circuit’s recent decision in In re Cellect confirmed that, when considering whether a reference patent invalidates for obviousness-type double.
The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b). In In re.
The judicial-made doctrine of obviousness-type double patenting (ODP) is intended to prevent patent system gamesmanship such that applicants cannot obtain an unjustified extension.