Double Trouble?

By Stephen L. Grant, Sr. Atty, Standley Law Group LLP

"Double patenting" comes in two different flavors. One flavor is a bit bland; it doesn’t have the depth of nuance. But the second flavor, and especially its US patent law overtones, makes for tasty reading. And so, a sample of Gilead Sciences, Inc. v. Natco Pharma Limited 1 is suggested to you.

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Cybor lives!

By Stephen L. Grant, Sr. Atty, Standley Law Group LLP

On Feb. 21, the Federal Circuit handed down the awaited decision in Lighting Ballast Control,1 a case scheduled for en banc rehearing to determine the ongoing viability of the Cybor2 doctrine that all patent claim constructions are entitled to de novo review upon appeal. In a split 6-4 decision,3 Cybor lives on. From reading the three opinions,4 the concurrence by Judge Lourie may have the most lasting value. But first, let’s set up the case for you.

The questions posed by the Federal Circuit for briefing were:

  • Should this Court overrule Cybor?
  • Should this Court afford deference to any aspect of a district court’s claim construction?
  • If so, which aspects should be afforded deference?

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