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Wyeth & Elan Pharma Int'l Ltd.v. Kappos, No. 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. 

Read Wyeth & Elan Pharma Int'l Ltd.v. Kappos, No. 09-1120

Appellate Information

Appealed from: United States District Court for the District of Columbia

Decided January 7, 2010


Before:  Rader, Plager, and Moore, Circuit Judges

Opinion by Rader, Circuit Judge


For Appellant:   Christine N. Kohl, US Department of Justice

For Appellee:   Patricia A. Carson, Kaye Scholer LLP