BY BRUCE M. WEXLER, ERIC W. DITTMANN, & DAVID M. CONCA
Today, the Federal Circuit issued an
opinion 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.