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