Why Fed Circ's 'Cellect' decision cannot be ignored


Vincent Shier

Why Fed Circ's 'Cellect' decision cannot be ignored

Pavel Kapysh / Shutterstock.com

A Federal Circuit decision provides lessons on why inaction over patent terms may risk incurable invalidation of important patents, writes Vincent Shier of Haynes Boone.

US patent holders may want to rethink their patent portfolio strategies following the recent decision by the Court of Appeal for the Federal Circuit in In re Cellect.

It is easy to lose sight of the impact of this decision, handed down on August 28, 2023, after Cellect sued Samsung Electronics for infringement of four patents directed to devices such as personal digital assistant devices or phones.

However, inaction may jeopardise important patents with the risk of incurable invalidation.

Cellect, patent portfolios, Federal Circuit, patent term adjustment, obviousness double patenting, Terminal Disclaimers, patent invalidity, patent expiry