January 19, 2024
The full Federal Circuit will not be reviewing a controversial panel decision regarding obviousness-type double-patenting, according to a Friday order.
January 02, 2024
In arguing that a panel of federal appeals court judges were right about the issue of so-called "double patenting," a seed-selling startup likened the legal idea to "double dipping" and called arguments to the contrary from several major industrial players remarkably "Costanza-esque."
January 01, 2024
A rare patent case taken up by the full Federal Circuit that has the potential to weaken design patents, and U.S. Supreme Court challenges to the Patent Trial and Appeal Board's authority are among the patent cases attorneys will be tracking this year.
December 15, 2023
The U.S. Patent and Trademark Office has shot back at efforts to convince the full Federal Circuit to rethink a panel decision that held patents can be invalidated for double patenting when they expire on different dates due to delays at the patent office, something that the USPTO says is a "textbook" application of double patenting jurisprudence.
December 13, 2023
Over the past year, the Federal Circuit has suspended one of its own judges, Delaware's chief federal judge has told the U.S. Department of Justice to investigate attorneys practicing in his court, and the Federal Circuit vacated a huge infringement verdict. Here's what you need to know about these cases and other major decisions in 2023.
November 28, 2023
AbbVie, Merck, Johnson & Johnson, AstraZeneca, Novartis and other big-name pharmaceutical companies are urging the full Federal Circuit to reconsider a patent invalidation that they say placed a judicially made rule above law set by Congress.
November 22, 2023
A Federal Circuit holding that says patents given longer terms due to delays in examination can be invalidated for double patenting wrongly lets a judge-made rule trump federal law and puts many patents at risk, the full court was warned in briefs urging rehearing.
August 31, 2023
More invalidity attacks will follow the Federal Circuit's recent decision that related patents can be invalidated for double patenting when they expire on different dates due to patent office delays, forcing patent owners to reassess their portfolios and filing strategies, attorneys say.
August 28, 2023
The Federal Circuit on Monday refused to undo a Patent Trial and Appeal Board finding that various claims in a series of patents on phones and digital devices weren't actually patentable, backing the PTAB's finding that the claims weren't valid because of double patenting.