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Patent Litigation Ex Partes Reexamination Obviousness-Type Double Patenting (ODP)

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Rise of Obviousness Double Patenting SNQs and Rejections in Reexaminations Challenging Expired Patents

Obvious-type double patenting (ODP) has historically served as a tool to prevent patent owners from extending exclusivity beyond the statutory allowed patent term and to tie patent families together during sale. Historically,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Best Medical Int’l, Inc. v. Elekta Inc., 46 F.4th...

Varian filed two petitions for IPR of BMI’s ’096 patent, which the Board instituted. Elekta filed copycat petitions and successfully joined Varian’s two instituted IPRs. A previously filed, parallel ex parte reexamination on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

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