USPTO Says Novartis' Patent Term Case Is Time-Barred

Law360, Los Angeles (June 19, 2012, 4:52 PM ET) -- The U.S. Patent and Trademark Office on Monday asked a Washington federal court to block Novartis AG's bid to extend patent term adjustments the drugmaker claims unfairly cut short 23 patents, arguing Novartis' lawsuit is time-barred.

The USPTO said in a motion seeking to nix Novartis' suit that the drugmaker isn't entitled to a recalculation of its patent terms in accordance with the Federal Circuit's landmark ruling in Wyeth v. Kappos because too much time has passed since most of the patents-in-suit were issued.

In Wyeth,...
To view the full article, take a free trial now.
Try Law360 for free for seven days
Already a subscriber? Click here to login

Already have access?

  1. Forgot your password?
  2. Sign In

Get instant access to the one-stop news source for business lawyers

Required