Selection Invention Found Unpatentable For Obviousness-Type Double Patenting
- 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.