Intellectual Property Protection, Patent Term Extensions, Appeals

What’s the (Re)issue? Patent Term Extensions for Reissue Patents

McDermott Will & Emery on 3/27/2025

Addressing the calculation of patent term extensions (PTEs) under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit affirmed a district court decision that under the act the issue date of the original...more

Aurobindo v. Merck Sharp and Dohme -- Oral Argument

McDonnell Boehnen Hulbert & Berghoff LLP on 2/13/2025

The Federal Circuit heard oral argument in Auribundo's appeal of the district court's decision in favor of plaintiff Merck, in a case captioned In re Sugammadex (alternatively, Aurobindo v. Merck Sharp and Dohme). The issue...more

Calculating Patent Term Extension for FDA Delay: Original Patent or Reissue Patent Issue Date?

Fitch, Even, Tabin & Flannery LLP on 11/1/2023

The Federal Circuit appeal in Merck Sharp & Dohme B.V., Merck Sharp & Dohme, LLC v. Aurobindo Pharma USA, Inc. et al., concerns whether patent term extension (PTE) for regulatory delay, in particular delay for FDA drug...more

The End Is Not So Near: Patent Term Adjustments Count in Obviousness-Type Double Patenting Determinations

McDermott Will & Emery on 9/7/2023

Addressing for the first time how patent term adjustments (PTAs) interact with obviousness-type double patenting (ODP), the US Court of Appeals for the Federal Circuit concluded that when members of a patent family have...more

Mind Your Ps and Qs, and Your PTAs Too

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/6/2023

Last week, the Federal Circuit held that obviousness-type double patenting trumps patent term adjustment, opening the door for invalidity attacks that to date had been questionable. In re Cellect was an appeal from a...more

Biogen Int'l v. Banner Life Sciences LLC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2020

In 1984, Senator Orrin Hatch (R-UT) and Rep. Henry Waxman (D-CA) shepherded a grand legislative compromise through Congress that balanced the rights and solved inefficient regulatory consequences for both branded and generic...more