Randolph J. Huis

Sep 20, 2023 | mondaq.com | Michael Snyder |Randolph J. Huis |Ciara Murphy

In the case of In re Cellect, the Federal Circuit upheld a United States Patent and Trademark Office (USPTO) decision that the patentee's (Cellect's) patents were unpatentable due to Obviousness-type Double Patenting (ODP). In reaching its decision, the Court ruled that Patent Term Adjustments (PTA) and Patent Term Extensions (PTE) should be treated differently when considering ODP.