double-patenting

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-1110 Sandoz Inc., et al. v. Immunex Corporation, et al. Federal Circuit 2021-02-12 Denied Amici (1) biosimilar-product double-patenting exclusivity federal-circuit invention obviousness obviousness-type-double-patenting patent patent-exclusivity patent-ownership substantial-rights Under federal patent law, a patent owner may receive only one period of exclusivity for its invention and may not obtain a second patent on the same i…
18-692 Mylan Pharmaceuticals Inc., et al. v. UCB, Inc., et al. Federal Circuit 2018-11-27 Denied Amici (3)Response Waived 35-usc-103 double-patenting federal-circuit graham-factors graham-v-john-deere invention-disclosure lead-compound-test obviousness patent-eligibility patent-law patent-law-doctrine-of-double-patenting patent-validity prior-art 1. This Court has long held that "no patent can issue for an invention actually covered by a former patent, especially to the same patentee." Miller v…