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HOECHST AKTIENGESELLSCHAFT v. QUIGG

Civ. A. No. 89-763-A.

724 F.Supp. 398 (1989)

HOECHST AKTIENGESELLSCHAFT, Plaintiff, v. Donald J. QUIGG, Assistant Secretary of Commerce and Commissioner of the Patents & Trademarks, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 26, 1989.

Attorney(s) appearing for the Case

Tipton D. Jennings, Basil J. Lewris, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., for plaintiff.

Fred E. McKelvey, Sol., U.S. Patent and Trademark Office, Arlington, Va., Robert C. Erickson, Asst. U.S. Atty., Alexandria, Va., for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

This is a patent term extension case. It presents a novel question of statutory construction concerning Title II of the Drug Price Competition and Patent Term Restoration Act of 1984 (the "Act"), 35 U.S.C. § 156.1 Plaintiff, owner of a human drug patent, seeks extension of the patent term pursuant to the Act, claiming that the product covered by the patent underwent a lengthy FDA...

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