In re Cellect Poses an Obvious Dilemma
By EsqSocial Corporation 07/05/24
In August 2023, the Federal Circuit in In re Cellect held that in evaluating unpatentability for obviousness-type double patenting (ODP) of a patent that has received patent term adjustment (PTA), the relevant date is the reference patent’s expiration date after PTA is added. 2 Cellect promptly filed a petition for rehearing en banc. A flood of amicus briefs in support of a rehearing ensued, filed by key players in the pharmaceutical industry including AbbVie, Merck, Novartis, AstraZeneca, and...
By: Ballard Spahr LLP