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Developments in Patent Law:


Exelixis v. Kappos: Recent Developments
Relating To Patent Term Adjustment


Lisa Tyner and William Passodelis

Recent case law has impacted how the U.S. Patent and Trademark Office (PTO) calculates Patent Term Adjustment (PTA) and when an applicant or patentee can challenge the PTO’s calculation of PTA. U.S. patent applicants are entitled to statutory protections against undue delay by the PTO that might otherwise limit the useful term of their patents once issued. Any additional patent term that is accrued based on PTO delay is reduced by particular actions by the Applicant that are considered Applicant delay. 

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The AIA’s Extra Judicial Review Kicks In*

Robert Scheinfeld

The Leahy-Smith America Invents Act (“AIA”) provided the most comprehensive overhaul of the U.S. patent statute since it was enacted in 1952. On September 16, 2012, several provisions of the AIA became effective, with certain parties already taking advantage of the Act’s extra judicial review options. This article addresses these provisions, and the new regulations issued recently (in August, 2012) for implementing them. This article also addresses recent Federal Circuit case law, and specifically Akamai Technologies, Inc. v. Limelight Networks, which changed the law related to induced infringement.

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