Law360, New York ( May 6, 2014, 12:51 PM EDT) -- In Gilead Sciences Inc. v. Natco Pharma Ltd., the Federal Circuit asked, "Can a patent that issues after but expires before another patent qualify as a double-patenting reference for that other patent?"[1] Writing for the majority, Judge Raymond Chen answered yes, indicating that obviousness-type double-patenting is supposed to prevent an applicant from extending the duration of its patent monopoly by obtaining a later-expiring patent on a patentably indistinct invention.[2]...
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