By Rachel Elsby, Brooks Kenyon and Svetlana Pavlovic ( April 29, 2022, 5:55 PM EDT) -- The judicially created doctrine of obviousness-type double patenting, or ODP, can be a potent defense in litigation. Under the ODP doctrine, patent claims that are not patentably distinct from those in a commonly owned, earlier-filed patent are subject to invalidation....
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