USPTO Acts Quickly to Comply with Court Order

By Kevin E. Noonan --

The U.S. Patent and Trademark Office has acted promptly to comply with Judge Claude Hilton's Order earlier this week that the Office accept The Medicines Company (MDCO) Patent Term Extension Request for U.S. Patent No. 5,196,404, by granting the patent an interim patent term extension.  In responding to the Order, Director David Kappos noted that the Office had granted two previous interim extensions to accommodate the litigation schedule, the latest lasting until ten days after the District Court rendered a decision.  Accordingly, the latest extension extends from August 13, 2010 until August 13, 2011.  It can be expected that the Office will use that time to examine MDCO's Request and make its determination, in cooperation with the FDA, regarding the length of extension to which the '404 patent is entitled.

Of course, this action has no bearing on whether the Office ultimately decides to appeal Judge Hilton's decision in this case.

For additional information regarding this topic, please see:

• "The Medicines Company Prevails in Patent Term Extension Dispute," August 4, 2010
• "House Passes Patent Term Extension Bill," June 27, 2008