• New Decision Increases Calculation of Patent Term
  • January 22, 2014 | Authors: Dorothy R. Auth; Andrew C. Chien
  • Law Firm: Cadwalader, Wickersham & Taft LLP - New York Office
  • 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.