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Expert Analysis

A Clarification Of Obviousness-Type Double Patenting

Law360, New York (November 5, 2012, 4:21 PM EST) -- In Eli Lilly and Co. v. Teva Parenteral Medicines Inc., the Federal Circuit affirmed the U.S. District Court for the District of Delaware's decision that Eli Lilly's patent to pemetrexed is not invalid for obviousness-type double patenting. The Federal Circuit's decision provides important guidance on one of the most complex areas of U.S. patent jurisprudence and explains how information in the specification can be used in a double patenting analysis, discusses when obviousness-type double patenting may arise between product and method claims and notes that unexpected results may be relevant to obviousness-type double patenting....

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