On August 13, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling in Allergan USA Inc. v. MSN Laboratories Private Ltd. that has profound implications for patent practitioners. The court held that a “first-filed, first-issued, later-expiring claim” cannot be invalidated for obviousness-type double patenting (ODP) by a “later-filed, later-issued, earlier-expiring reference claim” that shares a common priority date.
This decision reinforces the value of patent term adjustments (PTAs), a mechanism crucial for extending the life of a patent beyond its standard term due to delays at the U.S. Patent and Trademark Office. Attorneys at Cooley have emphasized the need for practitioners to carefully consider the potential impact of actions that might inadvertently reduce the adjustment amount. The Federal Circuit’s ruling highlights the necessity for strategic planning to maximize PTA benefits while navigating the complexities of patent filings and issuances.