Tag Archives: 291

Federal Circuit Says Regulatory Patent Term Extension Prolongs Life of Entire Patent

I wrote previously about the patentability issues raised in Genetics Institute, LLC v. Novartis Vaccines & Diagnostics, Inc., and Novartis’ ability to rely on unexpected results discovered after the filing date to support non-obviousness.  Here, I look at another interesting issue in the case, related to the scope of a patent term extension under 35 USC § 156 … Continue reading this entry

Federal Circuit Won't Let Creative Compounds Muscle Its Way Into Priority Of Invention

In Creative Compounds, LLC v. Starmark Laboratories, the Federal Circuit clarified that the “clear and convincing” burden of proof applies to an allegation of prior invention unless an action is brought under 35 USC § 291 or the parties identify and agree on common claimed subject matter and seek an adjudication of priority.  While Patent … Continue reading this entry