Hatch-Waxman Requires Patent Term Extension for Reissued Patents To Be Based on Original Patent
By EsqSocial Corporation 04/04/25
The Federal Circuit held in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-2254 that a reissued patent receives patent term extension (PTE) based on the issue date of the original patent, not the reissue patent, agreeing with the district court. Here, the Court found that Merck was entitled to a five-year PTE on its reissued patent, holding that “[a] reissued patent is entitled to PTE based on the original patent’s issue date where, as here, the original patent included the same...
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.