In re Cellect Poses an Obvious Dilemma

Reprinted with permission from the Spring 2024 edition of Chemical Practice Chronicles, the Newsletter of the American IP Law Association’s Chemical Practice Committee.

In this article, Sommer Zimmerman examines the ongoing implications of the Federal Circuit's decision in In re Cellect that in evaluating unpatentability for obviousness-type double patenting (ODP) of a patent that has received patent term adjustment (PTA), the relevant date is the reference patent’s expiration date after PTA is added as well as additional relevant cases.

Sommer also served as co-editor for the newsletter's Spring edition.

Read full article here.