Legal Opinion
Ariad Pharm., Inc. v. Matal
District Court, E.D. Virginia
Decided January 5, 2018No. Case No. 1:17–cv–733PublishedCited by 1 opinion
1Opinion of the Court
T. S. Ellis, III, United States District Judge
This is an appeal from a decision by the United States Patent & Trademark Office ("PTO"), calculating the patent term adjustment for United States Patent No. 8,114,874 (the " '874 Patent"), owned by plaintiff ARIAD Pharmaceuticals ("ARIAD"). Specifically, the PTO determined that the three month period, beginning with the PTO's erroneous conclusion that *505ARIAD had abandoned its patent application and ending when the PTO rescinded the notice of abandonment, constituted "time consumed by continued examination" pursuant to 35 U.S.C. § 154(b)(1)(B).…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- United States v. TurketteSupreme Court of the United States · 1981
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
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3Cited by1 opinion
- H. Lundbeck A/S v. United States Patent and Trademark Office (USPTO)District Court, E.D. Virginia · 2024