Digest of Daiichi Sankyo Company, LTD. v. Michelle K. Lee, Director, United States Patent and Trademark Office, No. 2014-1280 (Fed. Cir. July 2, 2015) (precedential). On appeal from D.D.C. Before Moore, Reyna, and Taranto.
Procedural Posture: Plaintiff appealed summary judgment in favor of the government on the patent term adjustments made by the USPTO for two patents under 35 U.S.C. § 154. CAFC affirmed.
Patent Term Adjustments: After the Federal Circuit had rejected the PTO’s practice of determining patent term adjustments in Wyeth v. Kappos, the PTO adopted an “optional interim procedure,” under which patentees could file a petition for reconsideration up to 180 days after the issuance date, provided the sole basis for the request was that the patent term adjustment was made under the PTO’s pre-Wyeth adjustment calculation method. The Federal Circuit held that the PTO acted within its discretion under the statute in adopting the challenged 180-day period, and that it did not abuse its discretion by determining not to accept petitions for administrative review filed more than 180 days after the patent grant.