In its precedential decision in August, the Federal Circuit reversed the district court’s ruling which found certain claims of patents covering Allergan’s Viberzi drug invalid for obviousness-type double patenting (“ODP”). Allergan USA, Inc. v. MSN Laboratories...
Intellectual Property Law Representation
Month: August 2024
In Re: Cellect – Invalidity Under the Obviousness-Type Double Patenting Doctrine
In In re Cellect, LLC, the Federal Circuit held that obviousness-type double patenting ("ODP") for a patent that has received a patent term adjustment (PTA), whether or not a terminal disclaimer is required or has been filed, must be based on the expiration date of...
WDTX Denies Motion to Stay Discovery While Motion to Dismiss Is Pending
Defendant filed a motion to stay discovery while its motion to dismiss is pending. Defendant argued in its motion that it will suffer undue burden or expense if discovery is allowed to continue in this case because its pending motion to dismiss may dispose of...