News & Analysis as of

United States Patent and Trademark Office › Gilead Sciences

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Morrison & Foerster LLP

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

Morrison & Foerster LLP on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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...

McDonnell Boehnen Hulbert & Berghoff LLP on

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

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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