What is obviousness-type double patenting?

ODP is a judge-made bar preventing multiple patents on indistinct inventions to extend exclusivity beyond the first patent's term.

Does PTA protect parent patents from ODP?

Yes, per CAFC in Allergan: first-filed, first-issued parents with PTA can't be invalidated by later family claims.

How does this affect generic drug challenges?

Generics lose a weapon against long-expiring parents in patent families, potentially delaying market entry.

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CAFC Draws Line: First-Filed Patents Dodge ODP Bullet in Allergan-Sun Clash

Allergan's core patent on IBS-D drug eluxadoline just got a lifeline from the CAFC. In a sharp pivot from Cellect, the court says first-filed, first-issued claims with PTA can't be knocked out by later kids in the family.

theAIcatchup Apr 11, 2026 4 min read

Gavel striking on stack of patent documents with CAFC seal

⚡ Key Takeaways

CAFC rules first-filed, first-issued patents with PTA immune to ODP from later-filed family claims. 𝕏
Distinguishes Cellect and Gilead, focusing on filing/issuance order. 𝕏
Reverses Delaware on §112 written description for Allergan continuations. 𝕏

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#Allergan v Sun #CAFC ruling #obviousness-type double patenting #patent term adjustment

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Originally reported by IPWatchdog

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