Legal Opinion

PHOTOCURE ASA v. Kappos

Court of Appeals for the Federal Circuit

Decided May 10, 2010No. 2009-1393PublishedCited by 10 opinions

1Opinion of the Court

NEWMAN, Circuit Judge.

This case concerns the applicability of the statute governing patent term extension, 35 U.S.C. § 156, to the drug product having as its active ingredient the chemical compound methyl aminolevulinate hydrochloride (“MAL hydrochloride”), brand name Metvixia®. The Director of the United States Patent and Trademark Office (PTO) denied the extension, and Photocure sought review in the district court under the Administrative Procedure Act, 5 U.S.C. § 702. The United States District Court for the Eastern District of Virginia held that the PTO’s ruling was “not in accordance…

2Cases cited6 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Glaxo Operations Uk Limited v. Donald J. Quigg, Assistant Secretary of Commerce and Commissioner of Patents and TrademarksCourt of Appeals for the Federal Circuit · 1990
  4. Pfizer Inc. v. Dr. Reddy's Laboratories, Ltd. And Dr. Reddy's Laboratories, Inc.Court of Appeals for the Federal Circuit · 2004
  5. Brian J. Eldredge v. Department of the InteriorCourt of Appeals for the Federal Circuit · 2006

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3Cited by10 opinions

  1. Facebook, Inc. v. Windy City Innovations, LLCCourt of Appeals for the Federal Circuit · 2020
  2. Actavis Elizabeth LLC v. United States Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2010
  3. Amarin Pharmaceuticals Ireland Limited v. Food and Drug AdministrationDistrict Court, District of Columbia · 2015
  4. Angiotech Pharmaceuticals Inc. v. LeeDistrict Court, E.D. Virginia · 2016
  5. Biogen International Gmbh v. Banner Life Sciences LLCCourt of Appeals for the Federal Circuit · 2020

5 more not listed; retrieve them via the Exa API.

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