Patent Term Adjustment Can Be Reduced Even Without “Actual Delay” in Prosecution

In Gilead Sciences, Inc. v. Lee, the Federal Circuit that supplemental applicant submissions during patent prosecution need not incur “actual delay” to be counted as a reduction in calculating patent term adjustment (PTA). 2015 U.S. App. LEXIS 2828 (Fed. Cir. Feb. 26, 2015). Plaintiff Gilead Sciences, Inc. (“Gilead”) had appealed the decision of the Eastern District of Virginia’s grant of summary judgment to the Director of the United States Patent and Trademark Office (“USPTO”), Michelle Lee, and the Federal Circuit affirmed.

Read Peter Keros's post on the decision on the Bejin Bieneman PLC blog.