Fed. Circ. Backs IP Extension For Photocure's Metvixia

Law360, New York (May 11, 2010, 5:44 PM EDT) -- A federal appeals court has affirmed a lower court's decision to grant Norwegian pharmaceutical company Photocure ASA a two-year extension on a patent for skin cancer treatment Metvixia.

The Metvixia patent will now expire in 2018 rather than 2016, the U.S. Court of Appeals for the Federal Circuit ruled Monday.

The extension was granted based on a provision in the patent statute that provides entities with an extended patent term when they are delayed in marketing their inventions by the regulatory approval process.

“The statute was...
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