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Citation: 2009 U.S. App. LEXIS 20409

1. Amgen Inc. v. F. Hoffmann-La Roche, Ltd., 2009-1020, -1096, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, September 15, 2009, Decided

OVERVIEW: District court erred when it concluded that the safe harbor protections of 35 U.S.C.S. § 121 shielded certain product patents from invalidity resulting from obviousness-type double patenting because in this case the applications descended from continuation applications exclusively, and not from divisional applications.


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