Fed. Circ. Nixes Professor's Tissue Repair Patent App

Law360, New York (March 7, 2013, 7:05 PM EST) -- The Federal Circuit on Thursday dismissed an appeal of a rejected patent application for tissue repair brought by a former California Institute of Technology professor, finding that obviousness-type double patenting applies when conflicting patents claims share common inventors but lack common ownership.

In a precedential opinion, a divided three-judge panel rejected inventor Jeffrey Hubbell's request that the court insist on a complete identity of inventors or common ownership as a prerequisite for the doctrine of obviousness-type double patenting to apply, and found the U.S. Patent and...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.