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Fed. Circ. Backs USPTO's Term Adjustment For Drug Patent

Law360 (February 6, 2018, 9:09 PM EST) -- The Federal Circuit said Tuesday that Actelion Pharmaceuticals Ltd. was not entitled to a patent term adjustment that would have added several days to the life of a patent beyond an adjustment the U.S. Patent and Trademark Office granted, upholding a lower court’s decision.

The appeals court said the USPTO did not err in its decision to extend the term of Actelion’s patent, related to a treatment for lupus, by 40 days to compensate for delays in the patent examination process. Actelion had asked for 45...
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Case Information

Case Title

Actelion Pharmaceuticals, Ltd. v. Iancu

Case Number



Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

November 18, 2016

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