United States Federal Circuit

In an appeal arising from a request for an interim extension of a patent involving a transdermal pharmaceutical patch for a method of treating depression, the appeal from an order denying the patent holder's request for a preliminary injunction to compel the Director of the PTO to act on and grant its request is dismissed in part as moot, and affirmed in part where there was no abuse of discretion in denying the preliminary injunction.

Appellate Information

• Decided 10/04/2007
• Published 10/04/2007

Judges

• MOORE, Circuit Judge., Before MICHEL, Chief Judge, PROST, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John M. Faust, Vinson & Elkins L.L.P. of Washington, DC, for plaintiff-appellant.   With him on the brief were Tracey B. Davies and Margaret J. Sampson, of Austin, Texas.


• For Appellees:
  
• Stephen Walsh, Acting Solicitor, Solicitor's Office, United States Patent and Trademark Office, of Arlington, Virginia for defendant-appellee.   With him on the brief were Nathan K. Kelley, Janet Gongola, and William LaMarca, Associate Solicitors.