United States Federal Circuit

In an appeal involving a patent which claimed a pharmacological method utilized in the treatment of cancer, the district court's grant of summary judgment in favor of the United States Patent and Trademark Office (PTO), on the issue of whether the PTO properly calculated the length of a patent term adjustment (PTA), is affirmed over claims that PTO's original restriction requirement failed to satisfy the notice requirement of 35 U.S.C. section 132, where although plaintiffs did not waive their argument, the PTO properly calculated the length of the PTA for that patent.

Appellate Information

• Published 2016/01/22

Judges

• O'MALLEY

Court

• United States Federal Circuit

Counsel