Same Questions, Different Rubric?
Senator Patrick Leahy has now proposed draft legislation to add Obviousness-Type Double Patenting (OTDP) to IPR jurisdiction. The argument for adding this potential ground is that it is an important control to combat improperly extended drug monopolies (the justification underlying much of the legislative proposal). Whether this provision makes it to law is far from clear given the likely push back from Bio/Pharma.
In the meantime, a Pharma dispute recently argued that OTDP is basically the same PTAB obviousness analysis under a different rubric. An awkward argument given the coming storm.
Continue Reading PTAB Estoppel & Double Patenting?