1. Home
  2. Browse Decisions
  3. F.3d
  4. 482 F.3d
  5. 482 F.3d 1317 (2007)
 

MERCK & CO., INC. v. HI-TECH PHARMACAL CO., INC.

No. 2006-1401.

482 F.3d 1317 (2007)

MERCK & CO., INC., Plaintiff-Appellee, v. HI-TECH PHARMACAL CO., INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 29, 2007.

Attorney(s) appearing for the Case

Robert L. Baechtold, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for plaintiff-appellee. With him on the brief was Bruce M. Wexler.

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, New Jersey, argued for defendant-appellant. With him on the brief was Roy H. Wepner. Of counsel on the brief was Alfred B. Engelberg, of Palm Beach, Florida.

Before LINN, Circuit Judge, FRIEDMAN and PLAGER, Senior Circuit Judges.

LINN, Circuit Judge.

This case presents the question of whether a patent term extension under the Hatch-Waxman Act, 35 U.S.C. § 156, may be applied to a patent subject to a terminal disclaimer under 35 U.S.C. § 253, filed to overcome an obviousness-type double-patenting rejection. Because the language of § 156 is unambiguous and fulfills a purpose unrelated to and not in conflict with that of § 253, we hold that a Hatch-Waxman term extension may...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases