Rule 56 Compliance And The PTA Shield Of Rule 704

Law360, New York (February 23, 2010, 1:24 PM EST) -- Patent Term Adjustment (PTA) can have a significant impact on the value of a patent. The extended term can lead to extended licensing agreements and accrual of additional damages. As such, protecting PTA is an important part of patent prosecution.

In the recent decision of Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010), the Federal Circuit took on the daunting task of interpreting 35 USC § 154(b) to address PTA calculations. It was a triumphant day for the plaintiff and patent applicants alike....
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