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« Court Report | Main | USPTO News: USPTO e-Commerce Update »

December 01, 2008


Just FYI... The USPTO has appealed the Wyeth vs. Dudas decision regarding patent term adjustment under 35 USC 154. A Notice of Appeal was filed 11/28/2008 in PACER.

Thanks for the link Don. I haven't read all 400+ pages in detail, but I did skim through a fair amount of it. Much of the report merely confirms what those of us who practice in the pharma area already know from experience (including the fact that things are more complicated in Europe than in the USA due to the multiplicity of local laws that come into play). I was amazed that companies were willing to go on record, even if unattributed, regarding the strategies they employ in this arena.


I get the feeling that the innovator and generic companies the Commission "surveyed" may not have had much choice but to cooperate -- especially given the Commission's penchant for early morning raids.


No 5th amendment in Europe..."you vill tell us everyting dat you dit to extend de period of excluzivity, yah?"

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