The Federal Circuit in In re Cellect affirmed a PTAB decision by holding that Patent Term Adjustment (PTA) must be taken into account when determining whether a patent is later-expiring in an obviousness-type double patenting analysis. The Federal Circuit opinion mentions an amicus brief submitted by Alvogen PB Research & Development LLC in support of the PTAB decision. Leydig attorneys Jeremy Lowe, Steven H. Sklar, and Keelin Bielski represented Alvogen in this appeal. https://cafc.uscourts.gov/opinions-orders/22-1293.OPINION.8-28-2023_2181381.pdf
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