- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
April 23, 2024David Martinez Recognized Among Top 100 Lawyers in Los Angeles by LA Business Journal
-
April 15, 2024Robins Kaplan Named to 2024 BTI Client Service A-Team
-
April 9, 2024Robins Kaplan LLP Files Complaint Against Social Media Giants Meta, Snap, TikTok on Behalf of Spirit Lake Nation, Menominee Indian Tribe of Wisconsin
-
April 30, 2024Navigating Generational Dynamics
-
May 2-3, 2024ACI Advanced Forum on Managed Care Disputes and Litigation
-
May 6, 2024Litigating with the Legends
-
First QuarterGENERICally Speaking: A Hatch-Waxman Litigation Bulletin
-
March 2024e-Commerce: Pitfalls and Protections
-
March 25, 2024Endo Ventures Unlimited Co. v. Nexus Pharms. Inc.
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
‘In re Cellect’:
How Patent Owners Can Protect Themselves From Obviousness-Type Double Patenting Invalidity Determinations
March 22, 2024
The recent case of In re Cellect, No. 22-1293 (Fed. Cir. 2023) serves as a warning to patent owners who rely too heavily on the U.S. Patent and Trademark Office (USPTO) to completely and accurately examine their patent applications. In Cellect, the USPTO’s failure to issue an obviousness-type double patenting (ODP) rejection during prosecution, combined with a grant of Patent Term Adjustment (PTA) under pre-AIA 35 U.S.C. 154(b), led to the invalidation of Cellect LLC’s patents. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Related Professionals
Derrick J. Carman
Partner
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.