United States Federal Circuit
Exela Pharma Sciences v. Lee, 13-1206
In this case, plaintiff petitioned the Patent and Trademark Office (PTO) to "reconsider and withdraw" its revival of the national stage application and to cancel the issued '218 patent assigned to intervenor SCR Pharmatop. After having its petition declined, plaintiff brought this suit under the Administrative Procedure Act alleging that the PTO's action was ultra vires and that plaintiff's petition should have been considered and favorably decided. The district court dismissed plaintiff's complaint for being time-barred. The judgment is affirmed, where PTO revival rulings are not subject to third party collateral challenge, thereby precluding review regardless of whether plaintiff's claims were time-barred.
Appellate Information
- Decided 03/26/2015
- Published 03/26/2015
Judges
Court
- United States Federal Circuit