United States Federal Circuit

In an action involving the double patenting doctrine, district court's grant of plaintiff's motion for summary judgment and denial of USPTO's motion for summary judgment is vacated and remanded where the relevant time frame for determining whether a product and process are patentably distinct should be at the filing date of the secondary application and thus genuine issues of material fact exist with respect to whether the processes in question are patentably distinct.

Appellate Information

• Decided 04/10/2009
• Published 04/10/2009

Judges

Court

• United States Federal Circuit

Counsel