Federal Court Affirms USPTO’s Decision to Limit Lundbeck’s Patent Exclusivity for PTSD Drug

A Virginia federal judge has ruled that the U.S. Patent and Trademark Office (USPTO) correctly denied Danish drugmaker Lundbeck’s request for an additional three months of patent exclusivity for their PTSD medication. The court held that USPTO was justified in shortening the exclusivity period due to the impermissible gray shading of some text in Lundbeck’s patent application. More details on the case can be found in the original Law360 article.