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Patent Term Adjustment Patents Gilead Sciences

Morrison & Foerster LLP

Federal Circuit Corrects USPTO on Reasonable Efforts When Calculating Patent Term Adjustment

The Federal Circuit ruled on January 23, 2019, that the United States Patent and Trademark Office (“PTO”) erred in reducing the term of a patent owned by Supernus Pharmaceuticals by 546 days, during which time the company...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Partially Clarifies Obviousness-Type Double Patenting Law in Two Opinions Released the Same Day

The Court of Appeals for the Federal Circuit issued two opinions on December 7 that address two unsettled questions relating to obviousness-type double patenting (OTDP). These issues are of particular interest to...more

Troutman Pepper

Obviousness-Type Double Patenting Just Became Less of a Problem for Innovators

Troutman Pepper on

The Federal Circuit recently issued a pair of decisions concerning the Gilead doctrine, which allowed later-issuing patents to be obviousness-type double patenting (ODP) references against earlier-issuing patents....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Obviousness-Type Double Patenting Dangers in the U.S.

The Federal Circuit’s decision in Gilead Sciences, Inc. v. Natco Pharma Ltd. introduced even more confusion in an already confusing area of the law – namely obviousness-type double patenting. Obviousness-type double patenting...more

McDermott Will & Emery

Delay in Filing IDS Reduces Patent Term Adjustment - Gilead Sciences, Inc. v. Lee

Addressing the issue of whether the U.S. Patent and Trademark Office (PTO) properly calculated the Patent Term Adjustment (PTA) based on an applicant’s filing of a supplemental information disclosure statement (IDS), the U.S....more

McDonnell Boehnen Hulbert & Berghoff LLP

Gilead Sciences, Inc. v. Lee (Fed. Cir. 2015) - Filing of IDS after Response to Restriction Requirement Constitutes Failure to...

Last week, in Gilead Sciences, Inc. v. Lee, the Federal Circuit affirmed the decision by the District Court for the Eastern District of Virginia granting summary judgment to the Director of the U.S. Patent and Trademark...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2014: #14 to #11

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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