Fed. Circ. Nixes Professor's Tissue Repair Patent App

Law360, New York (March 7, 2013, 7:05 PM EST) -- The Federal Circuit on Thursday dismissed an appeal of a rejected patent application for tissue repair brought by a former California Institute of Technology professor, finding that obviousness-type double patenting applies when conflicting patents claims share common inventors but lack common ownership.

In a precedential opinion, a divided three-judge panel rejected inventor Jeffrey Hubbell's request that the court insist on a complete identity of inventors or common ownership as a prerequisite for the doctrine of obviousness-type double patenting to apply, and found the U.S. Patent and...
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