Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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USPTO Pilots Expedited Patent Appeal Program But at What Price?

In a June 15, 2015 Federal Register Notice, the USPTO announced the Expedited Patent Appeal Pilot program, which will run until 2,000 ex parte patent appeals are expedited under the program, or until June 20, 2016, whichever...more

6/19/2015 - Federal Register Inventors Patent Applications Patent Litigation Patent Term Adjustment Patent Trial and Appeal Board Patents Pharmaceutical Patents Request for Continued Examination USPTO

Patent Term Adjustment in the Post-RCE Period

We know from Novartis v. Lee that a patent application does not earn “B delay” type Patent Term Adjustment (PTA) from the time an RCE is filed until a Notice of Allowance is issued, but an application still can earn PTA for...more

3/27/2015 - Notice of Allowance Patent Term Adjustment Patents Request for Continued Examination USPTO

Federal Circuit Upholds Patent Term Adjustment Deduction for IDS Filed After Restriction Requirement

In Gilead Sciences, Inc. v. Lee, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute as permitting the USPTO to charge “Applicant Delay” when an Information Disclosure Statement...more

3/3/2015 - Gilead Sciences Patent Prosecution Patent Term Adjustment Patents USPTO

USPTO Proposes Revised Patent Term Adjustment Rules for RCEs Under Novartis

The USPTO has published proposed rules for calculating Patent Term Adjustment (PTA) for applications in which a Request for Continued Examination (RCE) has been filed, after the Federal Circuit held in Novartis v. Lee that...more

6/20/2014 - Novartis Patent Applications Patent Term Adjustment Proposed Regulation Public Comment Request for Continued Examination USPTO

USPTO Finally Updates Patent Term Adjustment Calculator – Sort of

In a Federal Register Notice issued May 15, 2014, the USPTO announced that its Patent Term Adjustment (PTA) calculator finally has been updated to implement the changes to the PTA statute embodied in the Technical Corrections...more

5/20/2014 - Novartis Patent Term Adjustment Patent Term Calculator Patents USPTO

Delayed Restriction Requirement Does Not Result in Patent Term Adjustment for Divisional Application

In Mohsenzadeh v. Lee (decided March 19, 2014), the U.S. District Court for the Eastern District of Virginia held that the Patent Term Adjustment (PTA) statute does not provide PTA to a divisional application when the USPTO...more

3/28/2014 - Patent Litigation Patent Term Adjustment Patent Terms USPTO

Patent Term Adjustment and Double Patenting

The March 3, 2014 edition of BNA’s Patent, Trademark & Copyright Journal® — Daily Update included an interesting article by Qing (Becky) Lin about “Strategies for Minimizing Patent Term Loss Due to Double Patenting.” I agree...more

3/5/2014 - Patent Term Adjustment Patent Terms Patents USPTO

District Court Sides With USPTO on Patent Term Adjustment

In Abraxis Bioscience, LLC v. Kappos, Civil Action No. 1:11-cv-00730., (D.D.C. Jan. 08, 2014), Judge Howell of the U.S. District Court for the District of Colombia upheld the USPTO’s interpretation of the Patent Term...more

1/16/2014 - Patent Litigation Patent Term Adjustment Patent Terms Patents USPTO

District Court Again Rejects Equitable Tolling for Patent Term Adjustment Case

In Daiichi Sankyo Co. v. Rea (D. D.C. Dec. 3, 2013), the U.S. District Court for the District of Columbia rejected the plaintiff’s arguments that equitable tolling should apply to permit its claim for additional Patent Term...more

12/11/2013 - Equitable Tolling Patent Term Adjustment Patents

District Court Upholds USPTO Patent Term Adjustment Deduction for Information Disclosure Statement

In Gilead Sciences, Inc. v. Rea, the U.S. District Court for the Eastern District of Virginia upheld the USPTO Patent Term Adjustment (PTA) rule that provides for a PTA deduction when an applicant files a “supplemental reply...more

10/16/2013 - Gilead Sciences Information Disclosure Statement Patent Term Adjustment Patents USPTO

Applied Biosystems Seeks PTA for 2007 Patent

On August 21, 2013, Life Technologies, Corp., Life Technologies, Ltd., Applied Biosystems LLC, and Molecular Probes, Inc. (collectively, “Plaintiffs”) brought suit in the U.S. District Court for the Eastern District of...more

8/28/2013 - America Invents Act Equitable Tolling Novartis Patent Reform Patent Term Adjustment Patents Pharmaceutical

Act Soon to Obtain Additional Patent Term Adjustment for U.S. National Stage Applications

The AIA Technical Corrections Act made several changes to the Patent Term Adjustment (PTA) statute, including one that could mean additional Patent Term Adjustment for U.S. national stage applications....more

8/1/2013 - Patent Applications Patent Term Adjustment Patents USPTO

Patent Term Adjustment for Divisional Patents

Most of the Patent Term Adjustment (PTA) cases being filed in the U.S. District Court for the Eastern District of Virginia involve patents issuing from applications in which a Request for Continued Examination (RCE) was...more

7/16/2013 - Patent Term Adjustment Patents Request for Continued Examination USPTO

Congressman Goodlatte Proposes to Codify Obviousness-Type Double Patenting

As I wrote previously, Congressman Goodlatte (R-Va.) released “a discussion draft” of patent reform legislation on May 23, 2013....more

6/6/2013 - OTDP Patent Applications Patent Reform Patent Term Adjustment Patents USPTO

Congressman Goodlatte Proposes Patent Reform to Eliminate Section 145 Actions and Exelixis I-Type Patent Term Adjustment

As reported on the House Judiciary Committee website, on May 23, 2013, Congressman Goodlatte (R-Va.) released “a discussion draft of legislation designed to address the ever increasing problem of abusive patent litigation.”...more

6/5/2013 - Patent Reform Patent Term Adjustment Patents Proposed Legislation USPTO

U.S. and USPTO Move to Implement the Patent Law Treaty of 2000

While U.S. patent practitioners have been focusing on the changes to U.S. patent law embodied in the Leahy-Smith America Invents Act (AIA), Congress has taken additional steps to harmonize and streamline patent application...more

5/29/2013 - America Invents Act Filing Requirements Patent Applications Patent Law Treaty Patent Reform Patent Term Adjustment Patents USPTO

USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an...more

4/2/2013 - America Invents Act Patent Reform Patent Term Adjustment Patents USPTO

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

2/7/2013 - America Invents Act Derivation Proceeding Inter Partes Review Proceedings Interference Claims Interference Proceeding Patent Reform Patent Term Adjustment Patents USPTO

Maximizing Patent Term Adjusment Under Exelixis

A number of Patent Term Adjustment (PTA) cases have been filed in the U.S. District Court for the Eastern District of Virginia since the November 1, 2012 decision in Exelixis, Inc. v. Kappos. While most have presented...more

1/24/2013 - Exelixis Patent Term Adjustment Patents USPTO

House, Senate Pass Changes to America Invents Act and Patent Term Adjustment

The Senate has passed a modified version of HR 6621, which focuses on changes “[t]o correct and improve certain provisions of the Leahy-Smith America Invents Act” and also includes other provisions unrelated to the AIA, such...more

1/8/2013 - America Invents Act Patent Reform Patent Term Adjustment Patents Pre-GATT

USPTO Appeals Exelixis Patent Term Adjustment Decision

As expected, the USPTO has filed a Notice of Appeal in the Exelixis patent term adjustment (PTA) case....more

1/5/2013 - Patent Term Adjustment Patents USPTO

House Passes HR 6621, Spares Pre-GATT Patents

The U.S. House of Representatives passed an amended version of HR 6621 that does not includes the provisions that could have effectively eliminated the term of any pending patent applications that were filed before June 7,...more

12/20/2012 - Patent Term Adjustment Patents Pre-GATT

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