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The Federal Circuit's Wyeth v. Kappos Decision

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

What Does It Tell Us About the Relationship between the Court and the Agency? By Kevin E. Noonan -- The Federal Circuit last week affirmed the D.C. District Court's decision contradicting the Patent Office interpretation of 35 U.S.C. § 1.54(b) regarding patent term adjustment (see Patent Docs report). This decision is worthy of some thought regarding the status and nature of the Federal Circuit's supervisory role over Patent Office rules and decisions, and what motivates the Office when it interprets and implements the patent statutes. The almost plenary nature of the Federal Circuit's supervisory role over the Patent Office was...

Full post as published by Patent Docs on January 11, 2010 (boomark / email).