Wyeth v. Dudas’s Empirical Analysis
2008
Citation profile
2 federal appellate · 5 district ·
Relationships
Applies 35 U.S.C. § 154
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · United States v. Mead Corp. · Gonzales v. Oregon · MCI Telecommunications Corp. v. American Telephone & Telegraph Co. · Merck & Co. v. Kessler
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(B) Guarantee of no more than 3-year application pendency. — Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the [USPTO] to issue a patent within 3 years after the actual filing date of the application ... in the United States ..., not including— (i) any time consumed by continued examination of the application requested by the applicant under section 132(b); (ii) any time consumed by a proceeding under section 135(a), any time consumed by the imposition of an order under section 181, or any time consumed by appellate review by the Patent Trial and Appeal Board 4 or by a Federal court; or (iii) any delay in the processing of the application by the [USPTO] requested by the applicant except as permitted by paragraph (3)(C), the term of the patent shall be extended 1 day for each day after the end of that 3-year period until the patent is issued.”
1 later decision quote this exact passage · from the majority“In general. To the extent that periods of delay attributable to grounds specified in paragraph (1) overlap, the period of any adjustment granted under this subsection shall not exceed the actual number of days the issuance of the patent was delayed.”
1 later decision quote this exact passage · from the majoritye.g. Wyeth v. Kappos“prescrib[ing] regulations establishing procedures for the application for and determination of [PTAs] [.]”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.