Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories

On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.

7 minute readSeptember 01, 2024 at 12:11 AM
By
Maia H. Harris
Emma C. Mann
Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories

On August 13, the Federal Circuit issued a precedential ruling inAllergan USA Inc. et al. v. MSN Laboratories Private Ltd. et al.,Case Number 24-1061, U.S. Court of Appeals for the Federal Circuit. This decisionreversed the District of Delaware's application of

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