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Today's Gilead Federal Circuit Decision Is a Significant Change to Double-Patenting Law

April 22, 2014

By BRUCE M. WEXLER, ERIC W. DITTMANN, & DAVID M. CONCA

Today, the Federal Circuit issued an

altering the law of double patenting in Gilead Sciences, Inc. v. Natco Pharma Limited, No. 2013-1418, in a manner that will likely have a significant impact on the pharmaceutical industry. Chief Judge Rader provided a vigorous dissent and it remains to be seen whether the case will withstand petitions for rehearing en banc.