United States Federal Circuit
Wyeth & Elan Pharma Int'l Ltd.v. Kappos, 09-1120
In a case involving plaintiffs' patent applications involving inventions that treat Alzheimer's disease, district court's ruling that plaintiffs were entitled to extended patent term adjustments under 35 U.S.C. section 154(b) due to the Patent and Trademark Office's (PTO) delay in prosecuting their patent applications is affirmed as section 154(b) expressly permits this legal relief as the statutory language is clear, unambiguous, and intolerant of the PTO's suggested interpretation.
Appellate Information
- Decided 01/07/2010
- Published 01/07/2010
Judges
Court
- United States Federal Circuit