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FISONS PLC v. QUIGG

No. 89-1024.

876 F.2d 99 (1989)

FISONS PLC, Plaintiff-Appellant, v. Donald J. QUIGG, Commissioner of Patents & Trademarks, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 16, 1989.

Attorney(s) appearing for the Case

Bruce N. Kuhlik, Covington & Burling, Washington, D.C., argued for plaintiff-appellant. With him on the brief were Peter Barton Hutt and Ellen J. Flannery. Also on the brief was Basil P. Mann, Marshall, O'Toole, Gerstein, Murray & Bicknell, Chicago, Ill.

John C. Martin, Associate Sol., Arlington, Va., argued, for defendant-appellee. With him on the brief was Fred E. McKelvey, Sol. Charles E. Van Horn, Office of the Sol., Arlington, Va., of counsel.

Before NIES, Circuit Judge, BALDWIN, Senior Circuit Judge, and MAYER, Circuit Judge.

NIES, Circuit Judge.

At issue is the proper interpretation of Section 201 of the Drug Price Competition and Patent Term Restoration Act of 1984, 35 U.S.C. § 156 (Supp.II 1984). Fisons plc had sought extensions of the patent term for each of three patented drugs. The United States Patent and Trademark Office (PTO), which reviews such applications, denied any extension because the PTO found Fisons did not meet the statutory...

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