Gilead Sciences, Inc. v. Lee

WALLACH, Circuit Judge.

Gilead Sciences, Inc. (“Gilead”) appeals the decision of the United States District Court for the Eastern District of Virginia granting summary judgment to the Director of the United States Patent and Trademark Office (“PTO”) on whether it properly calculated the Patent Term Adjustment (“PTA”) period for U.S. Patent No. 8,148,374 (“the '374 patent”). See Gilead SCis., Inc. v. Rea, 976 F.Supp.2d 833 (2013) (“Gilead I”). Because the district court properly granted the director’s motion for summary judgment, this court affirms.

Background

I

In 1994, Congress changed the…