Category Archives: Patent Term Extension

Pfizer, Inc. et al. v. Michelle K. Lee (USPTO)

Docket Nos. 2015-1265 NEWMAN(D), DYK, O’MALLEY January 22, 2016 Brief Summary: PTO calculation of PTA to include only time between initial action deadline and first erroneous restriction requirement and not the corrected RR found to be correct. Summary: Pfizer appealed … Continue reading

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Daiichi Sankyo Company Ltd., v. Michelle Lee (USPTO)

Docket No. 2014-1280 MOORE, REYNA, TARANTO July 2, 2015 Brief Summary: Daiichi’s requests and petitions regarding section 154 (prosecution-related) patent term adjustment (PTA) determinations for two patents denied because the same were filed outside of the two-month (request for reconsideration) … Continue reading

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Gilead Sciences, Inc. v. Michelle K. Lee, et al.

Docket No. 2014-1159 DYK, WALLACH, HUGHES February 26, 2015 Brief Summary: PTO decision to reduce PTA due to the filing of a supplemental IDS after filed a response to a restriction requirement was reasonable. Summary: Gilead appealed DC decision regarding … Continue reading

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Novartis AG et al. v. Michelle K. Lee (USPTO)

Docket No. 2013-1160, -1179 NEWMAN, DYK, TARANTO January 15, 2014 Brief Summary: Under 35 § 154(b)(1)(B), the patent term adjustment time should be calculated by determining the length of time between application and patent issuance, then substracting any continued examination … Continue reading

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