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Intellectual Property

Mar. 5, 2010

Wyeth v. Kappos Alters Patent Term Calculation

Wyeth v. Kappos will most likely be of particular importance to drug patent holders, write James Mullen III and Yan Leychkis of Morrison & Foerster.

By James Mullen III and Yan Leychkis

Triggering a series of events that are likely to result in increased patent terms, on Jan. 7, 2010, the Federal Circuit handed down a much anticipated decision altering how patent term adjustment is calculated. In Wyeth, the Federal Circuit affirmed the decision of the U.S. District Court for the District of Columbia rejecting the U.S. Patent and Trademark Office's (PTO) interpretation of the patent term adjustment statute as in...

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