1. “Whether the panel’s decision allows an infringer to avoid an innovator’s patent term extension by using the claimed and bioequivalent active moiety of the compound in the patentee’s approved drug product.” 2. “Whether patent term extension under 35 U.S.C. § 156(b)(2) for method claims is limited to the ‘approved product’ only, where the only limit that Congress imposed on patent term extension for method claims is ‘any use claimed by the patent and approved for the product,’ and Congress further provided that ‘[a]s used in this subsection, the term “product” includes an approved product’ (i.e., is not ‘limited’ to an approved product). 35 U.S.C. § 156(b) (emphases added).”
