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.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
Cellect, patent portfolios, Federal Circuit, patent term adjustment, obviousness double patenting, Terminal Disclaimers, patent invalidity, patent expiry