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Federal Circuit’s Supernus decision will extend patents’ exclusivity

Ellie Mertens, New York


The Federal Circuit ruled that the USPTO exceeded its authority by penalising patent owners for delays they could not have reasonably prevented

In a valuable win for patent owners, particularly in the pharmaceutical space, the Federal Circuit ruled against a USPTO policy that skewed the calculation of patent term adjustment (PTA) by counting some days as delays by patent owners during which...


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