Legal Opinion
Wyeth v. Kappos
Court of Appeals for the Federal Circuit
Decided January 7, 2010No. 2009-1120PublishedCited by 44 opinions
1Opinion of the Court
RADER, Circuit Judge.
I
On summary judgment, the United States District Court for the District of Columbia held that plaintiffs Wyeth and Elan Pharma International Ltd. (collectively, ‘Wyeth”) were entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent and Trademark Office’s (the “PTO’s”) delay in prosecuting their patent applications. Because section 154(b) expressly permits this legal relief, this court affirms.
II
In 1994, the law changed the effective term of a patent from seventeen years commencing from issuance to twenty years from filing. See Pub.L. No.…
2Cases cited17 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Kelly v. RobinsonSupreme Court of the United States · 1986
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3Cited by44 opinions
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- Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd.Court of Appeals for the Federal Circuit · 2010
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- Novartis Ag v. FocarinoCourt of Appeals for the Federal Circuit · 2014
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