The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in In re Cellect holding that patent term extension (PTE) and patent term adjustment (PTA) are not the same for purposes of an obviousness-type double patenting (ODP) analysis. Specifically, the court said that “ODP for a patent that has received PTA, regardless whether or not a terminal disclaimer is required or has been filed, must be based on the expiration date of the patent after PTA has been added.” The opinion was authored by Judge Lourie.
Recent Posts
- Other Barks & Bites for Friday, July 26: New Group Registration for Frequently Updated News Websites, Trade Secret Claims Against TikTok Survive Dismissal, and USPTO’s Estoppel Provisions in IPR Proceedings Upheld
- Call Off Chicken Little: The Sky is Not Falling for Skinny Labeling After GSK v. Teva
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination