LexisNexis® Legal Newsroom
Double Your Patents, Double Your Trouble? A Departure in Double-Patenting Law

In Sun Pharm. Indus. v. Eli Lilly & Co. , 625 F.3d 719 (Fed. Cir. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the Federal Circuit departed from long-established law on obviousness-type double patenting. The decision creates...

Congressman Goodlatte Proposes to Codify Obviousness-Type Double Patenting

by Courtenay C. Brinckerhoff As I wrote previously, Congressman Goodlatte (R-Va.) released "a discussion draft " of patent reform legislation on May 23, 2013. Although the stated purpose of the draft legislation is to "address the ever increasing problem of abusive patent litigation...

Why Wasn't In re Hubbell Hubble v. Hubbell?

Excerpt: Introduction In re Hubbell, 709 F.3d 1140, 106 USPQ2d 1032 (Fed. Cir. 2013) (opinion by Circuit Judge O'Malley for a panel that also consisted of Circuit Judge Wallach; dissenting opinion by Circuit Judge Newman) [ an enhanced version of this opinion is available to lexis.com subscribers...

Fitch Even IP Alert: Narrow Species Claim Is Invalid for Double Patenting Over Prior Broader Genus Claim

The judicially created doctrine of obviousness-type double patenting is intended to prevent a patentee from obtaining multiple separate patents for inventions that are not patentably distinct. On August 21, the Court of Appeals for the Federal Circuit decided the case of AbbVie Inc. v. The Mathilda and...