Wyeth and Elan Pharma Int’l Ltd. v. Kappos

Case Number: CLB0240

Date: 01.07.2010

Citation: No. 2009-1120

The Federal Circuit holds that 35 U.S.C. § 154(b) expressly permits a patent term adjustment including delays resulting from § 154(b)(1)(A) and delays resulting from § 154(b)(1)(B), less overlapping periods of delays, rather than merely a patent term adjustment equivalent to the greater of delays resulting from § 154(b)(1)(A) or delays resulting from § 154(b)(1)(B).

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