Bloomberg Law
Aug. 21, 2023, 10:18 PM

Lundbeck Sues USPTO to Force Term Extension of PTSD-Drug Patent

Christopher Yasiejko
Senior correspondent

H. Lundbeck A/S sued the US Patent and Trademark Office seeking a federal court’s judgment forcing the agency to extend the life of a patent for a PTSD drug by about three months because the PTO allegedly caused the delays that prompted its initial adjustment.

“Lundbeck cannot be charged with knowing that the PTO would take the position that the shading” used for six tables in the patent’s application “created a reproduction problem,” according to a complaint filed Aug. 18 in the US District Court for the Eastern District of Virginia.

The PTO issued US Patent No. 11,059,822 in July ...

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