On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware’s application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year’s In re Cellect decision.
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