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March 29, 2007
Hatch-Waxman Extension
Merck
sued Hi-Tech Pharmacal for patent infringement. Hi-Tech replied: patent expired.
Merck said it had an extension, and the district court agreed. So Hi-Tech
appealed (CAFC 2006-1401).
The CAFC ruled:
[As to] whether a patent term extension under the Hatch-Waxman Act, 35 U.S.C. § 156, may be applied to a patent subject to a terminal disclaimer under 35 U.S.C. § 253, filed to overcome an obviousness-type double-patenting rejection[: b]ecause the language of § 156 is unambiguous and fulfills a purpose unrelated to and not in conflict with that of § 253, we hold that a Hatch-Waxman term extension may be so applied.
Posted by Patent Hawk at March 29, 2007 11:23 AM | The Patent System