Oblon's Patent Prosecution practice and partners from the firm's Chemical, Electrical & Mechanical and Litigation practices have received top national rankings in the 2019 edition of IAM Patent 1000: The World's Leading Patent Professionals.
"Statutory" Obviousness-Type Double Patenting for Pharma Patents?
As all patent practitioners know, obviousness-type double patenting is a judicially created doctrine to prevent the unjust extension of patent term of follow on patents that are simply obvious variants of earlier patents.
Commercial Success of Claimed Product over Non-Infringing Competitive Products as Evidence of Non-Obviousness
During litigation or contested proceeding the patentee can point to commercial success of a product as evidence of non-obviousness of the claimed product. Although some work is necessary to show the nexus between the success in the market and the claimed invention, the evidence showing, for example, the product taking sales from competitive products could help the patentee's case.
SOVEREIGN IMMUNITY AND IPR'S: AND NOW, THE REST OF THE STORY
Radio great Paul Harvey would always leave listeners hanging during his broadcast, then return from a commercial with "the rest of the story". Previously, I wrote on the Federal Circuit ruling with respect to Tribal Immunity (https://www.oblon.com/publications/tribal-immunity-in-ipr-is-dealt-a-death-blow-by-the-federal-circuit). At the end of that article I stated: "I note, however, that in the final sentence of their analysis, the Federal Circuit explicitly stated that this decision did NOT address whether there is any reason to treat state sovereign immunity differently with respect to IPR proceedings. That will remain to be seen…"