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Boehringer Ingelheim Int'l. v. Barr Laboratories, Inc. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

The Metes and Bounds of Obviousness-type Double Patenting By Kevin E. Noonan -- Obvious-type double patenting has become an important issue in patent litigation (Amgen Inc. v. F. Hoffman-La Roche Ltd., Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc., Proctor & Gamble Co. v. Teva Pharmaceuticals USA, Inc.) and in the Patent Office (In re Fallaux). While in many ways an anachronism with the change in U.S. patent term to 20 years from earliest priority date, the doctrine is still viable as a way to prevent third parties from having to defend related patents against different patent assignees, due to the...

Full post as published by Patent Docs on January 27, 2010 (boomark / email).