Full Fed. Circ. Urged To Review 'Unclear' Double-Patent Rules

Law360 (January 8, 2019, 7:31 PM EST) -- Generics maker Hikma asked the full Federal Circuit Monday to rehear a decision that a Novartis cancer drug patent is not invalid for double-patenting, saying the ruling conflicts with precedent and leaves what had been a straightforward standard “fragmented and unclear.”

Hikma Pharmaceuticals International Ltd. said in its petition for en banc rehearing that the appeals court had previously held that the date patents expire is the key to determining invalidity based on double-patenting, but that the December decision shifted the focus onto when the patents issued.

Double-patenting, which prevents companies from obtaining patents that are so similar that granting both...

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