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Patent Law

: Patent Docs

Wyeth Holdings Corp. v. Sebelius (Fed. Cir. 2010)

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

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By Andrew Williams -- Last month, in addition to Photocure ASA v. Kappos and Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., the Federal Circuit completed the hat trick of patent term extension cases with Wyeth Holdings Corp. v. Sebelius. In this case, the Court affirmed the statutory construction decision of the U.S. District Court for the District of Columbia regarding when the testing phase ends and the approval phase begins for particular New Animal Drug Applications (NADA). For those not completely familiar with the patent term extension scheme, despite the rash of PTE cases at the Federal Circuit, 35 U.S.C....

Full post as published by Patent Docs on June 23, 2010 (boomark / email).

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