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Expert Analysis

Fed. Circ. Weighs In On Obviousness-Type Double Patenting

By Chad Peterman, Mi Zhou and Hyosang (Mark) Kim (June 4, 2018, 4:27 PM EDT) -- In a recent split decision in UCB v. Accord, the Federal Circuit affirmed a finding that claims covering a pharmaceutical compound were not invalid for obviousness-type double patenting, or OTDP.[1] The majority opinion, written by Judge Kara Stoll and joined by Judge William Bryson, found that the District Court of Delaware did not clearly err in its finding regarding no reasonable expectation of success in arriving at the claimed invention from an earlier-filed patent.[2] Chief Judge Prost dissented.[3] The UCB decision provides guidance on the obviousness and OTDP analyses in chemical compound cases....

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