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Selection Invention Found Unpatentable For Obviousness-Type Double Patenting

  • 08.27.14
  • Marsha Rose Gillentine, Ph.D., Gaby L. Longsworth, Ph.D., and Robert C. Millonig, Jr., Ph.D.
  • Sterne, Kessler, Goldstein & Fox

On August 21, 2014, the Federal Circuit issued a decision in AbbVie Inc. v. The Mathilda and Terence Kennedy Institute of Rheumatology Trust., holding that the claims to a selection invention were invalid based on obviousness-type double patenting over claims in an earlier-expiring patent that dominated the selection invention.

Download the attached PDF for our analysis of the decision and its impact on claims to a selection invention.

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