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Wyeth v. Kappos (Fed. Cir. 2010)

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

By Donald Zuhn -- The Federal Circuit today affirmed an order by the District Court for the District of Columbia granting summary judgment in favor of Plaintiffs Wyeth and Elan Pharma International Ltd. ("Wyeth"), in which the lower court found 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 the patent term to which it was entitled under U.S. Patent Law. In an opinion authored by Judge Rader and joined by Judges Plager and Moore, the panel determined that § 154(b) "expressly permits" the legal relief...

Full post as published by Patent Docs on January 07, 2010 (boomark / email).