In 2008, the Federal Circuit determined that claims 1-4 and 11-17 of U.S. Patent No. 5,760,068 were invalid for obviousness-type double patenting (OTDP) over a related parent patent, in part because the ‘068 patent was filed as a continuation-in-part (CIP) application, not a divisional application. Now, in G.D. Searle LLC v. Lupin Pharmaceuticals Inc., the Federal Circuit … Continue reading this entry