Thursday, February 9, 2012

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PTO Interpretation of Patent Term Adjustment Statute Invalid, Wyeth Extensions Affirmed

A challenge by drug makers Wyeth and Elan Pharma International Ltd. to the Patent and Trademark Office’s calculations limiting patent term adjustments was upheld Jan. 7 by the U.S. Court of Appeals for the Federal Circuit (Wyeth v. Kappos, Fed. Cir., No. 2009-1120, 1/7/10).

The difference in effective patent term length of the two patents in question, comparing the…

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