'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.[1] That petition[2] 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[3] below defined the doctrine...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS