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Photocure ASA v. Kappos (Fed. Cir. 2010)

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

By Andrew Williams -- Last month, in Photocure ASA v. Kappos, the Federal Circuit affirmed the decision by the U.S. District Court for the Eastern District of Virginia that methyl aminolevulinate hydrochloride ("MAL hydrochloride"), brand name Metvixia®, is entitled to patent term extension pursuant to 35 U.S.C. § 156. Metvixia® was approved by the FDA for use in photochemistry or photodynamic therapy to treat actinic keratoses -- precancerous cell growths on the skin. MAL hydrochloride is the methyl ester of aminolevulinic acid hydrochloride ("ALA hydrochloride"). However, MAL hydrochloride received patent protection (U.S. Patent No. 6,034,267 ("the '267 patent")), in part...

Full post as published by Patent Docs on June 16, 2010 (boomark / email).