“All Substantial Rights” Test Informative in Obviousness-Type Double Patenting Context
By EsqSocial Corporation 16/07/20
The US Court of Appeals for the Federal Circuit endorsed for the first time the “all substantial rights” test to determine whether inventions are commonly owned for purposes of obviousness-type double patenting validity analysis of a later patent. Immunex Corp. v. Sandoz, Inc., Case No. 20-1037 (Fed. Cir. July 1, 2020) (O’Malley, J.) (Reyna, J., dissenting). The Court determined that patents were not commonly owned—and therefore a later patent was not invalid for obviousness-type double...<BR />By: <a href="https://www.jdsupra.com/profile/McDermott-Will-Emery/">McDermott Will & Emery</a>