In Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., the US Court of Appeals for the Federal Circuit affirmed the district court’s holding that a 35 U.S.C. § 156 patent term extension (PTE) for a reissue patent must be calculated based on the original patent’s issue date.
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Hatch-Waxman Patent Term Extension is Calculated Based on Original Patent Issue Date: Federal Circuit
