United States Federal Circuit

In suits challenging the determinations by the Patent and Trademark Office (PTO) of how much time to add, under 35 U.S.C. section 154(b), to the otherwise-applicable term of various patents held by plaintiff, the district court's judgment dismissing certain of plaintiff's claims and finding against plaintiff on other claims is: 1) affirmed in part, where the district court correctly concluded that plaintiff's claims regarding fifteen patents were untimely asserted; but 2) reversed in part as to the patent term adjustment for three patents, where the PTO was partly correct and partly incorrect in its interpretation of section 154(b)(1)(B), and thus, plaintiff is entitled to most, but not all, of the patent term adjustment it seeks for those three patents.

Appellate Information

• Decided 01/15/2014
• Published 01/15/2014

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel