Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc. (Fed. Cir. 2025)
By EsqSocial Corporation 24/03/25
Early last year, Aurobindo, one of the Defendants* in ANDA litigation against Merck, advanced the proposition that in cases where a patent had been reissued patent term extension ("PTE") under 35 U.S.C. ยง 156 should be calculated based on the grant date of the reissue patent and not of the "original" patent from which the reissue was obtained....
By: McDonnell Boehnen Hulbert & Berghoff LLP