Wyeth Scores In Patent Term Adjustment Spat With PTO

Law360, New York (January 7, 2010, 7:25 PM EST) -- A federal appeals court has handed Wyeth and Elan Pharma International Ltd. a boost in their long-running battle with the U.S. Patent and Trademark Office, upholding a ruling that the agency improperly interpreted the law governing the patent term length and a clause barring the double-counting of overlapping prosecution delays.

In a ruling Thursday the U.S. Court of Appeals for the Federal Circuit said Wyeth — which was acquired by Pfizer Inc. last year — and Elan were entitled to extended patent term adjustments because of...
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