News & Analysis as of

Federal Circuit Decision Impacts Patent Term Adjustment Calculation

Recently, the Federal Circuit issued a decision in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014) which alters Patent Term Adjustment (PTA) calculations for patents where a Request for Continued Examination (RCE) was...more

IP Buzz - January 2014

In this issue: - Supreme Court Loads Up IP Docket - Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests - Chipotle Case Gives Hope Against...more

Federal Circuit Clarifies Calculation of Patent Term Adjustment for Applications with Continued Examination Requests

In a recent ruling, the Federal Circuit clarified the scope of available Patent Term Adjustment (PTA) resulting from the U.S. Patent and Trademark Office's (PTO) failure to issue a patent within three years from the date the...more

Federal Circuit Decisions Result in Minor Adjustments to Patent Term Adjustment

Novartis v. Lee and Exelixis v. Lee (2013-1160, 2013-1179, 2013-1175, Fed. Cir. 2014) - Summary: For a patent application issuing after 3 years, an RCE filed at any time during prosecution will reduce patent...more

Novartis v. Lee: New Math for Calculating Patent Term Adjustment

Recently, in Novartis v. Lee (2013-1160, Fed. Cir., Jan. 15, 2014), the United States Court of Appeals for the Federal Circuit revised the method by which the United States Patent and Trademark Office (USPTO) calculates...more

Patent Term Adjustment Update - Novartis v. Lee

A recent ruling by the Federal Circuit in Novartis AG v. Lee resolved the issues raised in the Exelixis I, Exelixis II and Novartis decisions regarding the effect of a Request for Continued Examination (RCE) on patent term...more

Federal Circuit Grants Patent Term Adjustment After Allowance When Continued Examination Requested

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit decided Novartis v. Lee (No. 2013-1160, -1179), holding that time spent in “continued examination” is excluded from a patent term adjustment even where...more

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

USPTO Files Reply Brief in Exelixis v. Rea

At the end of June, the U.S. Patent and Trademark Office filed its reply brief with the Federal Circuit in Exelixis, Inc. v. Rea. The appeal involves two decisions by the Eastern District of Virginia involving the impact of...more

Exelixis Revisited: Conflict in Determining Patent Term Adjustment

On January 28, 2013, the U.S. District Court for the Eastern District of Virginia issued a decision in Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00574-LMB-TRJ), holding that the U.S. Patent and Trademark Office (“PTO”) has...more

Patent Term Adjustment Update - Exelixis v. Kappos

A recent ruling by the Eastern District of Virginia recently found that the United States Patent and Trademark Office (USPTO) had been incorrectly calculating a patent term adjustment statute concerning a Request for...more

District Court holds filing of Request for Continued Examination does not reduce patent term adjustment

On November 1, 2012, the District Court for the Eastern District of Virginia issued a decision in Exelixis v. Kappos (Case No. 1:12cv96), rejecting the U.S. Patent and Trademark Office’s (USPTO’s) interpretation of the...more

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