Members Adam Samansky and Peter Cuomo spoke to Managing IP  on the implications that a pending case in the Court of Appeals for the Federal Circuit could have on litigation and prosecution strategies for life sciences companies. Peter said that businesses should compare patents directed to particular devices or pharma products against each other to ensure that they don’t see overlap that could lead to OTDP problems, while Adam noted that companies don’t need to be on the receiving end of OTDP rejections to file terminal disclaimers, adding that his firm worked with a client to file a terminal disclaimer before filing a claim for infringement.

 

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Managing IP