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In Managing Intellectual Property, Scott McKeown Addresses Senator Leahy PTAB Reform Bill Obviousness-Type Double Patenting Provision

Practices: Intellectual Property, Intellectual Property Litigation, Patent Trial & Appeal Board (PTAB) Proceedings, Patent Strategy, Administrative Litigation, Litigation

In a Managing Intellectual Property article, IP litigation partner and PTAB chair Scott McKeown (Washington, D.C.) discussed how Senator Leahy’s Patent Trial and Appeal Board reform bill has proposed draft legislation to add Obviousness-Type Double Patenting to inter partes review jurisdiction. The argument for adding this potential ground is that it is an important control to combat improperly extended drug monopolies. Scott notes that whether this provision makes it into law is uncertain given the likely push back from biopharmaceutical companies.

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