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.

Please see full update below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:


Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.