A Not-So-Obvious Threat to Pharmaceutical Patent Portfolios

I.  INTRODUCTION A bill working its way through Congress seeks to curb so-called abusive patent litigation tactics. But a less sensational provision warrants close attention, particularly from the pharmaceutical industry. The provision, if passed, could threaten issued patents in ways parties don’t expect. The recent “Innovation Act”1 that the House passed in December2 and its Senate companion bill3 both seek to codify the judicial doctrine of obviousness-type double patenting (ODP). At first glance the change Continue Reading →