Merck Case Threatens Patent Term Extensions

By Erik Larson

Law360, New York (January 18, 2007, 12:00 AM ET) -- The murky intersection of patent term extensions and terminal disclaimers could soon be cleared up by a federal appeals court ruling in an otherwise standard patent infringement suit from Merck & Co. Inc., lawyers say.

The question before the court is whether or not expiration dates for patents with terminal disclaimers qualify for patent term extensions from the U.S. Patent and Trademark Office.

Merck says they do, arguing the patent agency has consistently affirmed this, while the defendant says they don’t, arguing federal law has never...
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