Sunday, October 19, 2008

Wyeth v. Dudas on patent term

At issue was interpretation of 35 USC 154. As to "Chevron deference," there is a citation to Merck v. Kessler, 80 F.3d 1543, and a statement that "Chevron deference does not apply to the interpretation at issue here." However, the court separately noted that the Chevron inquiry, if applied, would end at step one (statute not ambiguous).

The USPTO loses at DDC.


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