Tag Archives: patent term extension

Cellect or Reject? SCOTUS Asked to Consider Fate of ODP Doctrine

May 20, 2024PatentCellect v. Vidal, double patenting, en banc, obviousness, obviousness-type double patenting, paid, patent law, patent term adjustment, patent term extensionDennis Crouch

by Dennis Crouch

In its new petition for certiorari in Cellect LLC v. Vidal, No. __ (U.S. May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB's (PTAB) invalidation of Cellect's four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). The key issue is whether ODP can cut short the patent term extension provided by the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 154(b). Meanwhile, Dir. Vidal is looking to extend the power of ODP via rulemaking. This is an important case coming at an important time.

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Patent Term Adjustment and Obviousness-Type Double Patenting: Cellect’s Bid for Supreme Court Review

April 14, 2024PatentCellect v. Vidal, double patenting, obviousness, obviousness-type double patenting, paid, patent law, patent term adjustment, patent term extension, PTA, terminal disclaimerDennis Crouch

by Dennis Crouch

The Federal Circuit's August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (OTDP). Now, Cellect is seeking Supreme Court review, recently filing a petition for an extension of time that also indicated its intent to file. Cellect's petition is now due May 20, 2024, and I expect significant support from the patent owner community.

Patentees often receive PTA due to USPTO delays that otherwise eat into the 20-year patent term. A fundamental issue in Cellect boils down to whether a patentee must forfeit their PTA term extensions to avoid an OTDP invalidity finding. This comes up in situations where a patentee has two patents that cover only slightly different inventions. Most often this is seen in family-member continuation applications, but it can also arise when applicants file several applications all within a short period.

Under the judge-made law of OTDP

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Amgen Scores Partial Victory in Efforts to Maintain OTEZLA Exclusivity

April 21, 2023PatentDamages, eligibility, en banc, enantiomers, Hatch-Waxman, obviousness, Orange Book, paid, patent infringement, patent law, patent term extension, patent validity, PDE4 inhibitors, reasonable expectation of success, Section 101, Section 271(e)(1)Holman

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