Kenyon represented Norwegian pharmaceutical company Photocure ASA before the Court of Appeals for the Federal Circuit. In a victory for Photocure, the court affirmed an Eastern District of Virginia decision granting a significant patent term extension to Photocure. The district court had overturned a Patent and Trademark Office decision denying the extension. Kenyon represented Photocure in the district court as well as on appeal. With the decision, Photocure’s patent on the Metvixia® drug product, which is used to treat skin cancer, will not expire until 2018. Under the earlier decision by the PTO, the patent would have expired in 2016. This extension is based on a provision in the patent statute that provides patent owners – like Photocure – with an extended patent term when they are delayed in commercializing their inventions by the lengthy and expensive FDA approval process. Case number 2009-1393, 603 F.3d 1372 (2010).