On August 21, plant gene editing company Inari Agriculture filed an amicus brief with the U.S. Supreme Court urging it to leave in place the U.S. Court of Appeals for the Federal Circuit’s precedential decision in In re: Cellect, which relates to the application of the obviousness-type double patenting (OTDP) doctrine in the context of patent term adjustments (PTA). Inari’s amicus brief was filed the same day that the U.S. Patent and Trademark Office (USPTO) filed its brief in opposition to Cellect’s petition for writ of certiorari, arguing that the Federal Circuit was right to conclude that provisions governing PTA codified at 35 U.S.C. § 154 contemplates the application of OTDP doctrine to patents receiving PTA that are not terminally disclaimed to earlier-expiring patents claiming indistinct subject matter.

Full Article Available Here