The long and arduous path of prosecution begins with the filing of a parent patent application. Several years later, the applicant files a first continuation application. A few more years pass after which the applicant files...more
The Federal Circuit recently issued a pair of decisions concerning the Gilead doctrine, which allowed later-issuing patents to be obviousness-type double patenting (ODP) references against earlier-issuing patents....more
12/11/2018
/ Double Patent ,
Gilead Sciences ,
Intellectual Property Protection ,
Obviousness ,
Patent Applications ,
Patent Expiration ,
Patent Litigation ,
Patent Term Adjustment ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
The prior approval of a drug containing an active ingredient of the innovator drug is not necessarily a death knell for NCE exclusivity.
Originally published in the Intellectual Property and Life Sciences sections of...more
The court found that a different interpretation could result in marketing exclusivity for the original innovator drug in perpetuity.
In Otsuka Pharmaceutical Co. v. Burwell, the U.S. District Court for the District of...more