In Allergan USA, Inc. v. MSN Laboratories Private Ltd., the US Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated under the doctrine of obviousness-type-double patenting (ODP) by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.
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First-Filed, First-Issued, Later-Expiring Claim Not Invalid Under ODP: Federal Circuit
