Aditya Mishra is a member of Denton’s Intellectual Property and Technology practice group whose practice focuses on patent law. He has experience drafting motions in trademark and patent litigation, as well as performing patent searches and infringement evaluations across a range of technologies, including biotechnology and oil-related devices. He joined Dentons as a summer associate in June 2024.
Recent developments in ex parte Corteva Agriscience LLC (Reexamination Control 90/019,130; Patent 10,947,555 B2) clarify obviousness-type double patenting (ODP) in the context of patent families with multiple continuations and varying patent term adjustments (PTA)…. In Corteva, the Patent Trial and Appeal Board (PTAB) distinguished Cellect and extended Allergan by holding that a child patent (here, the ’555 patent) is not unpatentable for ODP if it does not expire later than the original patent in the family, including any PTA awarded to the original patent. Below is a figure from Corteva.