©️ IP & Copyright

CAFC Draws Line: First-Filed Patents Dodge ODP Bullet in Allergan-Sun Clash

Allergan's core patent on IBS-D drug eluxadoline just got a lifeline from the CAFC. In a sharp pivot from Cellect, the court says first-filed, first-issued claims with PTA can't be knocked out by later kids in the family.

theAIcatchup Apr 11, 2026 4 min read
Gavel striking on stack of patent documents with CAFC seal

⚡ Key Takeaways

  • CAFC rules first-filed, first-issued patents with PTA immune to ODP from later-filed family claims. 𝕏
  • Distinguishes Cellect and Gilead, focusing on filing/issuance order. 𝕏
  • Reverses Delaware on §112 written description for Allergan continuations. 𝕏
Sarah Chen
Written by

Sarah Chen

AI research editor covering LLMs, benchmarks, and the race between frontier labs. Previously at MIT CSAIL.

#Allergan v Sun #CAFC ruling #obviousness-type double patenting #patent term adjustment
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Originally reported by IPWatchdog

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