• Preserving Your Right to Patent Term Adjustment: The Exelixis Decision and Lessons From Wyeth
  • December 13, 2012 | Authors: Laurence H. Posorske; Jeffrey B. Vockrodt
  • Law Firm: Hunton & Williams LLP - Washington Office
  • The U.S. District Court for the Eastern District of Virginia recently overturned the United States Patent & Trademark Office (“USPTO”) interpretation of the patent term adjustment (“PTA”) statute in Exelixis, Inc. v. Kappos. Similar to Wyeth v. Kappos, where a previous USPTO interpretation of the PTA statute was overturned, the Exelixis decision promises to add months and even years to the patent term of many patents. The Wyeth experience, however, teaches us that Exelixis will not apply retroactively, and specific actions must be taken now to preserve a patentee’s rights should the Federal Circuit affirm the Exelixis decision.