United States Federal Circuit
Photocure ASA v. Kappos, 09-1393
District court's holding that the PTO's denial of petitioner's request for a term extension of a drug product having as its active ingredient the chemical compound, MAL hydrochloride, was not in accordance with law and that the patent on MAL hydrochloride is subject to term extension is affirmed as the district court correctly applied 35 U.S.C. section 156 to extend the term of the patented product that is subject to regulatory review.
Appellate Information
- Decided 05/10/2010
- Published 05/10/2010
Judges
Court
- United States Federal Circuit