Cellect has filed a petition for certiorari with the Supreme Court following a district court decision that held that statutory patent term adjustment could be invalidated on ODP grounds through earlier expiring patents. The petition for en banc rehearing was denied. The Supreme Court will now consider whether to grapple with the question of the ODP doctrine and its ability to override the congressional guarantee of PTA. This session will parse the Cellect case, and the implications for patent portfolios moving forward.

• Analyzing the impact of the Federal Circuit’s holding in recent Hatch-Waxman cases
• Comparing Allergan case to In re Cellect
• Using the In re Cellect decision to audit patent portfolios for ODP concerns
• Navigating loss of exclusivity for a product
• Devising strategies in drafting claims for first filed and subsequent continuation applications to avoid OTDP concerns
• Adapting approaches to patent prosecution and litigation