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Patent Term Extension Challenger Following Wyeth Decision Requests ‘Equitable Tolling’

February 19, 2010 in Patent Trademark & Copyright Journal · Leave a Comment 

In an amended complaint filed Feb. 4, a drug patentee cited the doctrine of equitable tolling in challenging a term extension miscalculation based on the recent Wyeth decision, even though the patent in question was issued more than 180 days earlier and so exceeds the statutory filing limit (Idera Pharmaceuticals Inc. v. Kappos, D.D.C., No. 1:10-cv-00166-EGS, filed 2/4/10).

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