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August 26, 2012

Double Patenting

The U.S. courts find favor with an American company over a foreign one again; the CAFC concocting corrupt case law to offend common sense. Teva (Israeli) asserted that Eli Lilly (American) got an extension for its chemotherapy patents by double patenting. The difference between the original patent and its extension would have been obvious. Ignoring the spirit and letter of patent law, expressly forbidding patent extensions, the CAFC declares: "The focus of the obviousness-type double patenting doctrine thus rests on preventing a patentee from claiming an obvious variant of what it has previously claimed, not what it has previously disclosed." (CAFC 2011-1561).

Posted by Patent Hawk at August 26, 2012 9:05 PM | Case Law