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Patent Law
: Patently ObviousThe Impact of Wyeth on Patent Terms
By Dennis Crouch, Esq.
In January 2010, the Federal Circuit held that the patent office had been undercalculating the patent term adjustments (PTA) owed to patentees due to USPTO delays during prosecution. About 80% of issued patents receive some term adjustment. The Wyeth case did not directly impact the which cases receive an adjustment, but rather operates to lengthen the adjustment for those eligible.
In order to measure the impact of the change in calculation, I compared the calculated patent term adjustment for two sets of recently issued utility patents. The first set comes from January 5, 2010 (before the Wyeth decision) and the second set comes from April 27, 2010 (after the Wyeth decision). For each set, I used all utility patents issued on the given date.
The chart below shows that the change has been substantial. The average PTA grant has increased by six-months — jumping from 14–months to 20–months. (Note — these averages only include patents with an adjustment). One patent in the April 2010 group was adjusted more than eight years and over 500 patents had term-adjustments of more than three years.
These days, any discussion of the US 20–year patent term must consider real impact of these adjustments.

Full post as published by Patently Obvious on April 29, 2010 (boomark / email).
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Zantac Patent
GlaxoSmithKline and Cypress Pharmaceutical settle patent infringement dispute.
Wyeth
to Pay Amputee $6.7 Million in Landmark Case
Soliris Patent
Alexion Pharmaceuticals Inc. agrees to pay the Oklahoma Medical Research Foundation a $10 million patent infringement settlement.
DRAM Patent
ProMOS Technologies and Mosel Vitelic pay MOSAID Technologies an undisclosed patent infringement settlement.

More Patentees Follow Wyeth's Lead in Seeking Additional PTA
So, How (and When) Will You Get Your Patent Term Adjustment Corrected
Wyeth v. Kappos (Fed. Cir. 2010)
USPTO to Appeal Wyeth v. Dudas
USPTO and DOJ Will Not Seek Review of Wyeth v. Kappos
USPTO Posts Notice Regarding Wyeth Decision







