Parties Dispute Rejection Of Obviousness-Type Double Patenting Defense

Mealey's (October 4, 2018, 2:06 PM EDT) -- WASHINGTON, D.C. — A patent infringement defendant recently told the Federal Circuit U.S. Court of Appeals that a Delaware federal judge erred in confirming as valid a single claim of a patent relating to the peptide icatibant because “under a correct application” of the doctrine of obviousness-type double patenting (ODP), the claim is invalid (Shire Orphan Therapies LLC, v. Fresenius Kabi USA LLC, No. 18-2124, Fed. Cir.)....