Category Archives: Patent Term Adjustment (PTA)

Incomplete response to Final Office Action results in reduced Patent Term Adjustment

Intra-Cellular Therapies, Inc. v. Andrei Iancu (USPTO) Docket No. 2018-1849 WALLACH, CHEN, HUGHES September 18, 2019 Brief Summary: DC decision affirming USPTO’s PTA calculation penalizing IC for 21-day delay in filing proper response to FOA affirmed. Summary: Intra-Cellular (IC) appealed … Continue reading

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“[P]ost-interference examination period” was RCE time “attributable to Mayo” that reduced time of patent term adjustment (PTA)

Mayo Foundation v. Andrei Iancu (USPTO) Docket No. 2018-2031 NEWMAN, LOURIE, DYK September 16, 2019 Brief Summary: DC determination that “post-interference examination period” was “was RCE time ‘attributable to Mayo, and not the PTO’” and reduced Mayo’s PTA time. Summary: … Continue reading

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Supernus Pharm., Inc. et al. v. Andrei Iancu (USPTO)

Docket No. 2017-1357 DYK, SCHALL, REYNA January 23, 2019 Brief summary: DC grant of SJ to the USPTO regarding calculation of the PTA for Supernus’s patent reversed and remanded since Supernus could not have engaged in “reasonable efforts” to disclose … Continue reading

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