Fed Circuit Watch: USPTO Botched Patent Term Adjustment Calculation

fed circuit watch patent PTA

On January 23, 2018, the Court of Appeals for the Federal Circuit decided Supernus Pharmaceuticals, Inc. v. Iancu,[1] in which the Fed Circuit found defective the USPTO’s calculation of patent term adjustment (PTA) under 35 U.S.C. §154(b), a rather unexciting and mostly mechanical aspect of patent prosecution. Supernus Pharmaceuticals owns U.S. Patent No. 8,747,897 (‘897) …

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Fed Circuit Watch: Obviousness-Type Double Patenting Does Not Preclude §156 Patent Term Extension

fed circuit watch patent PTA PTE95 terminal disclaimer

This is the second case dealing with Novartis in which the Court of Appeals for the Federal Circuit has handed down a decision related to patent term.  While the facts of this case, Novartis AG v. Ezra Ventures LLC,[1] are very similar to the companion case decided on the same day, Novartis Pharmaceuticals Corp. v. …

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IP Practicum: Failure to Check Box on USPTO Form Can Affect Patent Term

fed circuit watch IP Practicum patent PCT PTA

On February 6, 2018, the Court of Appeals for the Federal Circuit ruled in Actelion Pharm., Ltd. v. Matal.[1]  This case deals with the sometimes mundane aspects of filling out the proper forms required for filing with the USPTO, and failure to do so can have major impacts downstream during and post-prosecution. The facts of …

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