Director Robert C. Millonig, Ph.D. will speak on the panel “The Future of Obviousness: Objective Indicia of Nonobviousness and Obviousness-Type Double Patenting” at ACI’s Paragraph IV Disputes Conference. The conference will be held on November 9-10, 2021 in New York, NY.

Panel Overview

  • Analyzing the impact of Immunex v. Sandoz (Fed. Cir. 2020) on the standard for determining common ownership in applying obviousness-type double patenting (OTDP)
  • Outlining recent federal circuit and district court trends related to OTDP
    • Evaluating activity on OTDP as it applies to PTA
  • Reviewing the status of proposed OTDP legislation
  • Developing strategies for overcoming OTDP rejections
  • Evaluating circumstances in which a terminal disclaimer must be made