Lilly Sues USPTO For Extra 1.5 Years On Cancer Patent

Law360, Los Angeles (December 11, 2012, 10:45 PM EST) -- Drugmaker Eli Lilly & Co. sued the U.S. Patent and Trademark Office in Virginia federal court Tuesday, claiming the agency acted arbitrarily in failing to extend its patent for a cancer treatment solution and methods by an additional year and a half.

In its lawsuit, Eli Lilly claims the USPTO should have awarded it an extension of at least 1,408 days on U.S. Patent Number 8,114,901, instead of 848 days, saying the agency had interpreted the law erroneously in calculating the adjustment.

“The PTO’s patent term...
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