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Expert Analysis

How Long Can A Patentee Wait For A PTA Appeal?

Law360 (June 17, 2010, 1:05 PM EDT) -- In Wyeth v. Kappos, 591 F.3d 1364 (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit in a case of first impression held that the plaintiffs were entitled to a patent term adjustment under 35 U.S.C. § 154(b) due to the U.S. Patent and Trademark Office's delay in prosecuting their patent application and that adjustment comprised an extension based on two nonoverlapping periods....

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