* Files complaint against PTO, FDA and HHS
* Asks court to order PTO to accept application as timely
March 26 (Reuters) - Medicines Co (MDCO.O) said it challenged the U.S. Patent and Trademark Office’s decision to deny a patent extension for its anti-clotting drug, Angiomax.
Medicines Co filed a complaint with the U.S. District Court for the Eastern District of Virginia, asking the court to instruct the PTO to accept the company’s patent extension application as timely filed.
The company filed the complaint on Thursday against the PTO, the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services.
Last week, the PTO again denied a patent extension for the drug, three days after a Virginia district court asked the patent office to reconsider an earlier denial for extension. [ID:nN19161859]
The PTO had rejected the company’s original application for patent extension under the Hatch-Waxman Act because it was filed late.
Shares of Medicines Co closed at $7.84 Thursday on Nasdaq. (Reporting by Anand Basu in Bangalore; Editing by Anne Pallivathuckal)