Federal Circuit's Wyeth Decision a Likely Boon for Patent Holders


Last week, the Federal Circuit handed down a much anticipated decision that is likely to extend the effective term of many recently issued patents and patents that will issue from currently pending applications. In Wyeth, the Federal Circuit affirmed the decision of the U.S. District Court for the District of Columbia rejecting the U.S. Patent and Trademark Office?s (“PTO”) conservative interpretation of the patent term adjustment statute as inconsistent with the clear and unambiguous language of the statute. Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010), aff’g Wyeth v. Dudas, 580 F. Supp. 2d 138 (D.D.C. 2008). The decision is certain to have profound implications for patent holders as well as their licensees and competitors.

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