Allergan: En Banc Support for Stronger ODP Rules
Patent – Patently-O 2024-10-15
Summary:
We continue to see lots of action focusing on obviousness-type double patenting (ODP) in the U.S. patent law context. In Allergan v. MSN, the Federal Circuit created a major loophole for patentees and undermined the 2023 Cellect decision by holding that extended PTA in one family-member patent does not create an ODP problem so long as the extended term is in a first-filed, first-issued patent. Allergan USA, Inc. v. MSN Laboratories Priv. Ltd., 111 F.4th 1358 (Fed. Cir. 2024). Sun Pharma has petitioned for en banc rehearing - hoping to invalidate Allergan's protected patent.
Prior posts:
- En Banc Review in Allergan: Rehearing Petition Tackles ODP Safe Harbor and WD Essential Elements
- Family Planning Patent Style: Allergan, Cellect, and the ODP Maze
Two amicus briefs were recently filed supporting the petition - One by the Association for Accessible Medicines (AAM) and the other by a corporate group led by Alvogen PB.
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