In this episode, Ray Miller welcomes longtime colleague and patent scholar Robert A. Matthews, Jr., author of the Annotated Patent Digest and one of the most respected voices in U.S. patent jurisprudence.

Together, Ray and Bob dive deep into one of the thorniest doctrines in patent law: double patenting—both statutory and obviousness-type. They explore its roots in §101, how courts have shaped its modern application, and why it continues to frustrate practitioners and innovators alike.

The discussion ranges from:

• The origins and evolution of double patenting doctrine.
• How obviousness-type double patenting (ODP) has become a frequent (and sometimes overused) tool by examiners.
• The impact of patent term adjustment (PTA) and patent term extension (PTE) on life sciences portfolios.
• Safe harbors under §121 and the importance of consonance.
• Practical strategies for navigating terminal disclaimers without giving away hard-fought patent term.

Blending real-world strategy with academic perspective, this conversation offers a rare, behind-the-scenes look at how ODP disputes play out in prosecution, litigation, and policy. Whether you’re a litigator, prosecutor, or in-house counsel managing valuable life sciences IP, this episode provides sharp insights on how to safeguard term and preserve value.