Imagine That IP Law Blog

In the case of Allergan USA, Inc. v. MSN Laboratories Private Ltd., the Federal Circuit addressed the issue of obviousness-type double patenting (ODP) concerning claim 40 of U.S. Patent No. 7,741,356 (the '356 patent). This patent was challenged based on the assertion that it was invalid due to ODP over two related patents, U.S. Patent Nos. 8,344,011 (the '011 patent) and 8,609,709 (the '709 patent). The district court initially ruled in favor of invalidity, determining that because the '356 patent expired after the '011 and '709 patents—despite sharing a common priority ... Read More ›