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The Safe Harbor Provision of 35 U.S.C. 121 Against Double Patenting Rejections Just Got A Little Less Safe
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 2 2017

Ever since the Federal Circuit held that a later-issuing but earlier-expiring patent could serve as an obviousness-type double patenting (OTDP

Double Patenting: A Tale of Three Dates
  • Aird & Berlis LLP | Aird & McBurney LP
  • Canada
  • April 20 2017

In Canada, double patenting can be a difficult hurdle to overcome; the claims of a later-issued patent must be “non-coterminous” and “patentably

Court provides method for assessing quantum of Teva's section 8 damages
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2017

In this case, the parties had asked the Court for specific rulings and guidance in calculating Teva's section 8 damages. The parties were in agreement

Order of prohibition dismissed in respect of two patents listed against dasatinib
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2017

The Court dismissed Bristol Myers Squibb's application for an order prohibiting the Minister from issuing an NOC to Apotex for its generic version of

Non-Statutory Double Patenting Rejections and Terminal Disclaimers
  • Workman Nydegger
  • USA
  • April 4 2017

Patent applicants who are seeking to broadly protect an invention will often file multiple patent applications on the same invention, each application

Janssen Files Opening Appeal Brief in Attempt to Revive Remicade Patent
  • Fish & Richardson PC
  • USA
  • February 2 2017

Janssen has fired its opening salvo in its attempt to overturn two invalidity rulings at the district court level and one invalidity ruling at the

An intro to double patenting
  • Banner & Witcoff Ltd
  • USA
  • December 20 2016

"Double patenting," one of the more arcane subjects in patent law, is based on a deceptively simple idea. A patent is a government grant that gives an

Singapore Update: Pros and Cons of Obtaining Patent Protection via the Foreign Route
  • Spruson & Ferguson
  • Singapore
  • December 6 2016

Singapore provides three patent prosecution routes, namely: Local Route, Mixed Route, and Foreign Route. The Local Route is a local substantive

Restriction Practice Tips
  • Workman Nydegger
  • USA
  • November 28 2016

Examiners use restriction practice to focus their search and examination when the patent includes claims directed to multiple patentably distinct

Date for Double-Patenting Analysis Remains An “Open Question”: Federal Court of Appeal
  • McCarthy Tétrault LLP
  • Canada
  • November 17 2016

In the latest installment of the CIALIS (tadalafil) PM(NOC) saga, Apotex Inc. asked the Federal Court of Appeal to depart from a recent judgment by a