United States Federal Circuit

District court did not err in upholding the Patent and Trademark Office's interpretation of 35 U.S.C. section 156's "first commercial marketing" requirement, on the basis of which plaintiff's application for patent term extension was denied.

Appellate Information

• Decided 03/24/2004
• Published 03/24/2004

Judges

• RADER, Circuit Judge., Before RADER, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Christopher N. Sipes,Covington & Burling, of Washington, DC, argued for plaintiff-appellant., Donald O. Beers,Arnold & Porter, of Washington, DC, for amicus curiae GlaxoSmithKline.   With him on the brief was David E. Korn. Of counsel on the brief was Scott A. Chambers, Patton Boggs, LLP, of McLean, VA.


• For Appellees:
  
• Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendants-appellees.   With her on the brief were John M. Whealan, Solicitor;  and Raymond T. Chen, Associate Solicitor.