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Patent Law

: Patent Docs

Wyeth v. Dudas (D.D.C. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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District Court Decision Impacts PTA Determinations By Donald Zuhn -- On September 30th, the District Court for the District of Columbia granted summary judgment in favor of Wyeth, determining that the U.S. Patent and Trademark Office had misconstrued 35 U.S.C. § 154(b)(2)(A), and as a result, had denied Wyeth a portion of patent term to which it was entitled under U.S. Patent Law (see Memorandum Opinion and Order). The case, which was decided by Judge James Robertson, should be of interest to patent practitioners, patentees, and assignees for at least two reasons. First, Judge Robertson's decision impacts the manner in...

Full post as published by Patent Docs on October 17, 2008 (boomark / email).

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