Important New Decision Regarding Obviousness-Type Double Patenting Challenge Between Patents from the Same Family
By EsqSocial Corporation 05/05/21
On March 22, 2021, the US District Court for the District of New Jersey found a patent’s claims not invalid under the doctrine of obviousness-type double patenting (OTDP) in view of a reference patent from the same patent family, where the challenged patent, due to patent term adjustment (PTA), expires later than the reference patent. See Mitsubishi Tanabe Pharma Corp. v. Sandoz, Inc., No. 3:17-cv-05319-FLW-DEA, 2021 (D.N.J. Mar. 22, 2021)....
By: WilmerHale