Idorsia Pharmaceuticals Ltd. v. Matal, No. 1:2017cv00922 - Document 39 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 07/22/2019. (See Order for Further Details)(choy, )
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Idorsia Pharmaceuticals Ltd. v. Matal Doc. 39 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division IDORSIA PHARMACEUTICALS LTD., Plaintiff, V. Case No. l:17-cv-922 ANDRE lANCU, Under Secretary ofCommercefor Intellectual Property and Director ofthe United States Patent and Trademark Office, Defendant. MEMORANDUM OPINION Plaintiff, a Swiss limited liability company, brings this action pursuant to 35 U.S.C. § 154(b)(4)(A), the Administrative Procedures Act ("APA"),' and the Fifth Amendment of the United States Constitution, challenging the United States Patent and Trademark Office's("PTO") calculation of the length of a patent term adjustment("PTA")for plaintiffs patent, U.S. Patent No.8,518,912("the '912 Patent"). In total, plaintiffseeks an additional 102 days of A-Delay PTA to be added to the term of the '912 Patent, which would increase the total PTA from 311 to 413 days. At issue in this matter are the parties' cross-motions for summary judgment with respect to plaintiffs challenge to the PTO's PTA determination. I. The APA confines judicial review of agency decisions to the administrative record of proceedings before the agency. See 5 U.S.C. § 706; see also Camp v. Pitts, 411 U.S. 138, 142 (1973). Put another way,"when a party seeks review of agency action under the APA,the district judge sits as an appellate tribunal." Bioscience, Inc. v. Thompson,269 F.3d 1077,1083(D.C. 5 U.S.C. § 701 etseq. Dockets.Justia.com
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