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Category Archives: Patent Term Adjustment (PTA)
DC and USPTO decisions not to grant patent term adjustments to SawStop’s patents affirmed (type C delay extensions)
SawStop Holding, LLC vs. USPTO Docket No. 2021-1537, -2105 (https://cafc.uscourts.gov/opinions-orders/21-1537.OPINION.9-14-2022_2003622.pdf) NEWMAN, LINN, CHEN September 14, 2022 Brief Summary: DC and USPTO decision not to grant patent term adjustments to SawStop’s patents affirmed (type C delay extensions). Summary: SawStop appealed … Continue reading
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
“[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
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
Federal Circuit summaries 