Law360, New York (March 21, 2013, 1:42 PM EDT) -- Obviousness-type double patenting usually arises between commonly owned patents or patent applications. While the U.S. Patent and Trademark Office has interpreted the judicially created doctrine as pertaining when there is common or overlapping inventorship, without regard to common ownership, the Federal Circuit had not upheld that interpretation of the doctrine until recently in In re Hubbell.
The Patent and Application at Issue
The obviousness-type double patenting rejection at issue was raised in U.S. Patent Application No. 10/650,509, which names Jeffrey Hubbell, Jason Schense, Andreas Zisch and...
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