United States: In Re Cellect – ODP Defense Does Not Impact The Expiration Date Of A Patent With Both PTA And PTE In The Absence Of A Terminal Disclaimer - Oblon, McClelland, Maier & Neustadt, L.L.P
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The Federal Circuit in In re Cellect, Appeals Nos. 2022-1293, 2022-1294, 2022-1295, 2022-1296 held that the earliest patent to expire in a series of patents subject to obviousness-type double patenting (ODP) controls.
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