'Cellect': why patent term adjustment is ripe for review


Vincent Shier

'Cellect': why patent term adjustment is ripe for review

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In part 2 of articles assessing the impact of 'Cellect v Samsung', Vincent Shier of Haynes Boone now sets out what the future may hold—both for this unusual case, as well as judicial doctrine in general.

Following the Federal Circuit decision on In re Cellect—a dispute centred on Cellect’s allegations against Samsung Electronics for patent infringement—I wrote about why this outcome cannot be ignored.

In that article, I explained the basis for the decision and its practical impact, and posed a number of steps that patent owners and third ­parties should take with In re Cellect in mind.

Now, I’d like to explore what future twists may lie ahead.

Cellect, Samsung Electronics, Federal Circuit, US Court of Appeals for the Federal Circuit, USPTO, US Supreme Court, patent term adjustment, obviousness