By Mark Levine and Ellen Schwab The United States Patent and Trademark Office (USPTO) recently announced the expiration of the After Final Consideration Pilot Program 2.0 (AFCP 2.0), a program that was designed to enhance communications between the USPTO and patent applicants by affording applicants additional options following a final office action that effectively closes prosecution in applications. To accommodate those who are in the process of preparing to use the Program, the USPTO will still consider a request for consideration under AFCP 2.0 filed by December 14, 2024. While the end of AFCP 2.0 closes this expedited pathway to…
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Federal Circuit Ruling in Allergan USA v. MSN Labs Clarifies Interplay Between Patent Term Adjustment and Obviousness-Type Double Patenting
By: Nayyer Siddiqi The Federal Circuit recently issued a decision in Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., No. 24-1061 (Fed. Cir. Aug. 13, 2024), pertaining to the issue of obviousness-type double patenting and patent-term adjustment. The Court’s decision in Allergan is a positive outcome for patentees, who were concerned that patent-term adjustments given to “first-filed, first-issued” patents would be taken away by later-issued child patents that expired earlier but shared the same priority date. While the Court’s decision addressed other issues, this update focuses solely on reviewing the Court’s opinion on the intricate relationship…
Beyond the Basics: The High Value Transactional Attorney
By: Kenton Bednarz The Engagement Can Be More Than “Transactional” Companies today face a myriad of legal opportunities and challenges — seemingly daily — many of which require quality, precise and timely legal advice. When engaged for these opportunities and challenges, the high-value transactional attorney finds ways to deliver a service offering that includes more than these necessary attributes in pursuit of becoming an invaluable strategic partner to its client. When vetting a transactional attorney, many businesses look for baseline qualities — experience, expertise and efficiency. And while each of these is critical, I assert that such attributes are more…