'Blocking Patent' Doctrine May Now Apply To All Technologies
Law360 (December 6, 2019, 1:20 PM EST) -- On Oct. 7, the U.S. Supreme Court denied the petition for certiorari in Acorda Therapeutics Inc. v. Roxane Laboratories Inc. That petition sought review of the so-called “blocking patent” doctrine, under which the potential deterrent effect of an earlier patent on subsequent innovation is relevant to evaluating, and can discount or negate, objective indicia of nonobviousness pertaining to a later invention.
While developed in the pharmaceutical arena, the blocking patent doctrine is seemingly applicable to any technology and, thus, relevant to all patent attorneys, regardless of practice. The U.S. Court of Appeals for the Federal Circuit's decision below defined the doctrine...
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