Legal Opinion
Exela Pharma Sciences, LLC v. Lee
Court of Appeals for the Federal Circuit
Decided March 26, 2015No. 2013-1206PublishedCited by 9 opinions
1Opinion of the Court
Concurring opinion filed by Circuit Judge NEWMAN.
Concurring opinion filed by Circuit Judge DYK.
2Per curiam
This appeal presents the question of whether a third party has the right to challenge, by way of the Administrative Procedure Act (APA), a ruling of the Patent and Trademark Office reviving a patent application that had become abandoned by failure to meet a filing schedule established by the Patent Cooperation Treaty and its implementing statute. The challengers are Exela Pharma Sciences, LLC; Exela Pharmsci, Inc.; and Exela Holdings, Inc. (collectively “Exela”). Exela petitioned the PTO to…
3Cases cited6 opinions
- Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
- Block v. Community Nutrition InstituteSupreme Court of the United States · 1984
- Pregis Corp. v. KapposCourt of Appeals for the Federal Circuit · 2012
- Helfgott & Karas, P.C., and Dov Sheffer and R.S.R. Adtec Ltd. v. Q. Todd Dickenson, Director of the United States Patent and Trademark OfficeCourt of Appeals for the Federal Circuit · 2000
- Shila Morganroth v. Donald J. Quigg, Honorable, Commissioner of Patents and TrademarksCourt of Appeals for the Federal Circuit · 1989
1 more not listed; retrieve them via the Exa API.
4Cited by9 opinions
- Odyssey Logistics and Tech. v. IancuCourt of Appeals for the Federal Circuit · 2020
- alarm.com Incorporated v. HirshfeldCourt of Appeals for the Federal Circuit · 2022
- Bacardi and Company Limited v. United States Patent & Trademark OfficeCourt of Appeals for the Fourth Circuit · 2024
- Actelion Pharmaceuticals, Ltd. v. MatalCourt of Appeals for the Federal Circuit · 2018
- Medtronic, Inc. v. LeeDistrict Court, E.D. Virginia · 2016
4 more not listed; retrieve them via the Exa API.