Digest of MOHSENZADEH V. LEE, No. 2014-1499 (Fed. Cir. June 25, 2015) (precedential). On appeal from E.D. Va. Before Moore, Schall, and Reyna.

Procedural Posture: Plaintiff patentee appealed from the district court’s entry of summary judgment in favor of the government for a patent term adjustment made by the U.S.P.T.O. under 35 U.S.C. § 154. CAFC affirmed.

  • Patent Term Adjustment: The district court did not err in determining that patent term adjustments for continuing applications cannot be based on delays in a parent patent application’s term. The Federal Circuit explained that other subsections in the patent statute expressly address the relationship between parent and continuing applications, and that Congress would have expressly included language if it had intended for the delay of a parent application to be restored for all continuing applications.