News & Analysis as of

Novartis Patent Terms

Faegre Drinker Biddle & Reath LLP

Some Patents Could Be Entitled to Later Expiration Dates Than Previously Thought

Your patent may be entitled to a later expiration date if the U.S. Patent and Trademark Office (USPTO) characterized time periods during which you could not engage in reasonable efforts to conclude prosecution as “applicant...more

Knobbe Martens

Novartis AG v. Ezra Ventures LLC

Knobbe Martens on

Federal Circuit Summary - Before Moore, Chen, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: Obviousness-type double patenting does not invalidate an otherwise validly...more

Dechert LLP

Recent Federal Circuit Decisions on Obviousness-Type Double Patenting May Shape Life Science Patent Portfolio Management

Dechert LLP on

The Federal Circuit recently decided two appeals, Novartis AG v. Ezra Ventures LLC (“Ezra”) and Novartis Pharms. Corp. v. Breckenridge Pharm. Inc. (“Breckenridge”) that both relate to the effect of obviousness-type double...more

Knobbe Martens

Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical

Knobbe Martens on

Federal Circuit Summary - Before Prost, Wallach, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: A post-URAA patent that issues after but expires before a related pre-URAA...more

Foley & Lardner LLP

When Does an RCE Stop the PTA Clock?

Foley & Lardner LLP on

In Novartis v. Lee (Fed. Cir. 2014), the Federal Circuit agreed with the USPTO that “time spent in a continued examination” does not count towards the three years the USPTO is allotted to examine a patent before if it must...more

Foley & Lardner LLP

Court Can't Review Policy Behind Patent Term Adjustment Statute

Foley & Lardner LLP on

In Singhal v. Lee, the U.S. District Court for the Eastern District of Virginia dismissed a complaint that challenged the Patent Term Adjustment (PTA) awarded to two patents, because the complaint failed to state a claim upon...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and...more

Bracewell LLP

Re-Calculating Patent Term Adjustments Once Again

Bracewell LLP on

The Federal Circuit has adjusted the way we calculate Patent Term Adjustments (PTA) once again with its holdings in Novartis and Exelixis. The Federal Circuit held that the United States Patent and Trademark Office (USPTO)...more

BakerHostetler

Novartis v. Lee: New Math for Calculating Patent Term Adjustment

BakerHostetler on

Recently, in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014), the United States Court of Appeals for the Federal Circuit revised the method by which the United States Patent and Trademark Office (USPTO) calculates...more

McDonnell Boehnen Hulbert & Berghoff LLP

Novartis AG v. Lee (Fed. Cir. 2014)

In an opinion issued earlier today, the Federal Circuit affirmed a determination by the District Court for the District of Columbia that challenges of patent term adjustment (PTA) determinations by the U.S. Patent and...more

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