Try our Advanced Search for more refined results

Expert Analysis

Must Whole Patent Be Nixed To Forfeit 180-Day Exclusivity?

By Jaimin Shah and Steve Auten (July 25, 2018, 1:09 PM EDT) -- What happens to a first applicant's 180-day exclusivity when the Federal Circuit issues a final decision rendering only the asserted claims (i.e., less than all claims) of a patent invalid or not infringed? Is such a finding sufficient to trigger forfeiture of the exclusivity under the statute? Our research has not found a court or U.S. Food and Drug Administration decision that has yet considered this question.[1],[2]...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!