By Betsy Flanagan, Sam Matthews and Matthew Pavao (September 30, 2024, 5:06 PM EDT) — On Aug. 13, the U.S. Court of Appeals for the Federal Circuit held in Allergan USA Inc. v. MSN Laboratories Private Ltd.[1] that “a first-filed, first-issued, later-expiring claim” cannot be invalidated for obviousness-type double patenting, or ODP, “by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.”…

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