February 13, 2018
Authored and Edited by Nicholas J. Doyle; Paul W. Browning, Ph.D.
In In re Janssen Biotech, Inc., No. 2017-1257 (Fed. Cir. Jan. 23, 2018), the CAFC affirmed the PTAB’s finding that all claims of Janssen’s patent were invalid for obviousness type double patenting on reexamination. The CAFC held that Janssen could not simply delete all disclosures that did not come from a reference patent to retroactively re-characterize a continuation-in-part as a divisional, in an attempt to trigger the safe-harbor provision of 35 USC § 121 for that particular patent. The patent-at-issue was directed to a chimeric antibody specific for human tumor necrosis factor (TNF) alpha and methods for its use. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Food and Drug Administration (FDA), Obviousness-type Double Patenting (OTDP), Patent Trial and Appeal Board (PTAB)
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