Actelion Pharmaceuticals Ltd. v. Lee et al, No. 1:2016cv00304 - Document 26 (E.D. Va. 2016)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 10/19/2016. (awac)
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Actelion Pharmaceuticals Ltd. v. Lee et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Actelion Pharmaceuticals LTD., Plaintiff, Civil Action No. 1:16-cv-304 V. Hon. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant. Memorandum Opinion This matter comes before the Court on a Motion for Summary Judgment filed by Plaintiff Actelion Pharmaceuticals LTD., Dkt. No. 12, and a Cross Motion for Summary Judgment filed by Defendant Michelle K. Lee, Director of the United States Patent and Trademark Office ("PTO"). Dkt. No. 15. Both motions concern the interpretation of, 35 U.S.C. § 154, the statute whichprovides for a patent term adjustment—^the amount of time added to the life of a patent due to delays during the patent application period. The dispute, amounting to a difference of four or five days of additional patent term may appear inconsequential. However, each additional day of patent term is of value to the holder, especially in the context of pharmaceutical patents. Dockets.Justia.com
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