Court of Appeals for the Federal Circuit March 29, 2007, No. 2006-1401 (Merck & Co. v. Hi-Tech Pharmacal Co.)

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.