Tuesday, July 29, 2008

PhotoCure Sues PTO after the Office Denies a PTE for METVIXIA; Lawsuit Challenges PTO’s “First Permitted Commercial Marketing” Interpretation

In the second lawsuit in as many months, the Patent and Trademark Office (“PTO”) has been sued over a decision to deny a Patent Term Extension (“PTE”). As we previously reported, Wyeth sued the PTO and FDA in June 2008 concerning the appropriate PTE regulatory review period determination for a patent covering the company’s new animal drug CYDECTIN (moxidectin) Pour-On.

The details can be read here.

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