Thursday, March 26, 2009

Application for Extension of Patent Term Warrants a Stay of Litigation

In a case of "first impression," the court granted defendant's motion to stay pending the PTO's review of a patent term extension application "pursuant to the Hatch-Waxman Act, as codified in 35 U.S.C § 156." "In both re-examination cases and in the current case there is a risk of inconsistent outcomes when there are two parallel proceedings looking at the same issue -- whether the [patent-in-suit] is eligible for extension. Staying the proceedings in this action will allow the administrative review process to run its course prior to conducting any parallel proceedings in this Court."

Abbott Laboratories v. Medtronic, Inc., 4-08-cv-04962 (CAND March 24, 2009, Order)

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