USPTO Faces Another Suit To Extend Drug Patent

Law360, New York (February 17, 2010, 4:50 PM EST) -- A unit of BioDelivery Sciences International Inc. has become the latest pharmaceutical company to cite the recent decision in Wyeth v. Kappos as grounds for the U.S. Patent and Trademark Office to extend the term of one of its patents, in this case a patent covering a drug delivery system.

In a complaint docketed Wednesday in the U.S. District Court for the District of Columbia, Arius Two Inc. alleged that the USPTO and its director, David Kappos, had miscalculated a patent term extension by close to...
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