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New Decision Increases Calculation of Patent Term

by Dorothy R. Auth
Cadwalader, Wickersham & Taft LLP - New York Office

Andrew C. Chien
Cadwalader, Wickersham & Taft LLP - New York Office

January 22, 2014

Previously published on January 16, 2014

Yesterday, in Novartis AG v. Lee, 2013-1160 (Fed. Cir., Jan. 15, 2014), the Federal Circuit determined that the USPTO has been incorrectly calculating patent term adjustments, potentially shortening the terms of thousands of U.S. patents. Recently issued U.S. patents should be reviewed as soon as possible to determine whether the USPTO incorrectly calculated valuable patent terms so that any loss can be recaptured.


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