SUPERNUS PHARMACEUTICALS, INC. v. IANCU
- Jan 23 2019 |
- Category: CAFC Updates
Supernus Pharmaceuticals appeals the entry of summary judgment by the district court which determined that the U.S. Patent and Trademark Office’s calculation of the patent term adjustment for the patent at issue was correct. Supernus argued that out of a 646-day period that the USPTO attributed to applicant delay, it was entitled to at least 546 of those days (the period between filing an RCE and an EPO Notice of Opposition), conceding the 100 days from receiving the Notice of Opposition and the filing of an IDS citing the Notice. The CAFC agrees with Supernus that there were no efforts that it could have taken during the 546 days, and holds that the patent term adjustment went beyond the period during which the applicant failed to undertake reasonable efforts and thereby exceeded the limitations set by the patent term adjustment statute. Accordingly, the CAFC reverses.