Wyeth v. Kappos, 591 F.3d 136 (Fed. Cir. 2010) (RADER, Plager & Moore)

Wyeth01072010

MAJOR ISSUES: Patent term adjustment; term extension because of PTO failure to meet deadlines (“A delay”) and to issue patent within 3 years of filing (“B delay”); elimination of “overlap”; overlap commencing only after three-year mark; PTO’s erroneous interpretation as greater of A or B Read CPLRG™ 0023

Yorkey v. Diab, 610 F.3d 1279 (Fed. Cir. 2010) (MICHEL, Gajarsa & Kendall, district judge)Yorkey471

MAJOR ISSUES: written description; actual reduction to practice; PTO interference Read CPLRG™ 0042

Yorkey v. Diab, 610 F.3d 1297 (Fed. Cir. 2010) (MICHEL, Gajarsa & Kendall, district judge)Yorkey477

MAJOR ISSUES: interference in fact; interference; claim interpretation; PTO broadest reasonable construction of claims Read CPLRG™ 0043