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Tag Archives: Double Patenting

Federal Circuit Clarifies Obviousness-Type Double Patenting Between Products And Methods

Posted by Leon Y. Lum on Posted in Federal Circuit Decisions; Obviousness Type Double Patenting

In Eli Lilly and Company v. Teva Parenteral Medicines, Inc., the Federal Circuit affirmed the district court’s decision that Eli Lilly’s patent to pemetrexed is not invalid for obviousness-type double patenting. The Federal Circuit’s decision provides important guidance on one of the most complex areas of  U.S. patent jurisprudence, and explains how information in the specification can be used in a double patenting analysis, discusses when obviousness-type double patenting may arise between product and method claims, and notes that unexpected results may be relevant to obviousness-type double patenting.Continue reading this entry

The “Lead Compound” Approach To Obviousness And Obviousness-Type Double Patenting

Posted by Courtenay Brinckerhoff on Posted in 103; Federal Circuit Decisions

In Otsuka Pharmaceutical Co. v. Sandoz, Inc., the Federal Circuit upheld the district court’s determination that the claims at issue were neither obvious nor invalid under the doctrine of obviousness-type double patenting based on a “lead compound” approach to the obviousness determinations. This case reaffirms the applicability of the “lead compound” analytical framework, and highlights subtle differences in its application to questions of obviousness and obviousness-type double patenting. Continue reading this entry