Foley Hoag partner Jeffrey I. D. Lewis recently spoke with Law360 regarding how patent owners are deeply concerned about a recent Federal Circuit decision on obviousness-type double patenting.
"Every patent owner that I know, from my clients and many of our firm's clients, are in a panic over what this decision will do to their patent estate," Lewis stated. He explained that patent owners fear the part of the ruling that says patents can be invalidated for double patenting when filed by the same applicant and covering overlapping subject matter.
Lewis authored an amicus brief on behalf of the New York Intellectual Property Law Association, supporting Cellect's petition to have the Supreme Court review the case. The brief argues the Federal Circuit decision, if allowed to stand, could eventually impact "perhaps up to half of all patents in the United States."
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