Biogen Sues USPTO Over Patent Term Adjustment

Law360, New York (December 3, 2008, 12:00 AM EST) -- Biotechnology company Biogen Idec Inc. has sued the U.S. Patent and Trademark Office, seeking to have the patent term adjustment for a new cancer treatment extended by more than a year.

Biogen filed the suit Monday in the U.S. District Court for the District of Columbia, alleging that the USPTO miscalculated the length of the delay in the prosecution of the patent.

The patent-at-issue is U.S. Patent Number 7,381,560, titled “Expression and use of anti-CD20 antibodies.” The patent covers compositions and methods for producing a class...
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