Legal Opinion
Merck & Co. v. Kessler
Court of Appeals for the Federal Circuit
Decided April 4, 1996No. Nos. 96-1068, 96-1105 and 96-1107PublishedCited by 55 opinions
1Opinion of the Court
NIES, Senior Circuit Judge.
These appeals raise the question of whether there are limitations to the application of a patent restoration extension, granted pursuant to the Hatch-Waxman Act (35 U.S.C. § 156), to the term of the patent calculated as 20 years from fifing under the Uruguay Round Agreements Act (URAA) (35 U.S.C. § 154). The district court held that all patents in force on June 8, 1995, including patents in force only because of a Hatch-Wax-man extension, were entitled to add the time of the Hatch-Waxman extension to the new term afforded by the URAA. We affirm-in-part and…
2Cases cited14 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
- Chrysler Corp. v. BrownSupreme Court of the United States · 1979
- General Electric Co. v. GilbertSupreme Court of the United States · 1976
- Equal Employment Opportunity Commission v. Arabian American Oil Co.Supreme Court of the United States · 1991
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3Cited by55 opinions
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- Eli Lilly & Co. v. Board of Regents of the University of WashingtonCourt of Appeals for the Federal Circuit · 2003
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