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The Federal Circuit's In re Cellect ruling has significant implications for patent portfolios, emphasizing the need for careful planning to avoid double patenting issues that could compromise statutory term and patent validity. Particularly, patents with patent term extension (PTE) may face increased risk, as reference patents in the same family might have already expired during the PTE period, rendering claims incurably invalid if not addressed promptly. What should in-house counsel be doing right now?
Join us for our upcoming webinar on Wednesday, January 10th, where we will discuss what is at risk, what should be done immediately, and what to consider going forward.
- Scott McKeown, Shareholder, Post-Grant Proceedings Practice
- Rob Sahr, Shareholder, Biotechnology Practice
On August 28, 2023, the Federal Circuit affirmed the Patent Trial and Appeal Board's cancellation of claims for obviousness-type double patenting (ODP) in the case of In re Cellect, LLC. The decision outlines new vulnerabilities that might be exploited to truncate valued patent term adjustment periods and, in some cases, invalidate related patents of a patent family.
Wolf Greenfield is an accredited CLE provider in New York. If you attended our webinar live and are seeking CLE credit, please contact Dani Napier.