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37 C.F.R. § 1.720

Section 1.720 - Conditions for extension of patent term
Section 1.720 - Conditions for extension of patent term

1 Citing brief

  1. Takeda Pharmaceutical Company LTD. et al v. Teva Pharmaceuticals USA Inc.

    MEMORANDUM in Opposition re SEALED MOTION to Amend/Correct Answer, Defenses and Counterclaims to Assert Inequitable Conduct and Memorandum in Support Thereof entitled PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO AMEND ANSWER DEFENSES AND COUNTERCLAIMS TO ASSERT INEQUITABLE CONDUCT

    Filed April 6, 2007

    The first requirement for a patent term extension is that “[t]he patent claims a product or a method of using or manufacturing a product.” 37 C.F.R. § 1.720(a). This is not an issue here because Teva admits that the ‘098 patent covers lansoprazole, the active ingredient in PREVACID®.