Actelion Pharmaceuticals Ltd. v. Lee et al

Filing 26

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 10/19/2016. (awac)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Actelion Pharmaceuticals LTD.,

Plaintiff,
Civil Action No. 1:16-cv-304

V.

Hon. Michelle K. Lee, Under Secretary of
Commerce for Intellectual Property and
Director of the United States Patent and

Trademark Office,

Defendant.

Memorandum Opinion

This matter comes before the Court on a Motion for Summary Judgment filed by Plaintiff

Actelion Pharmaceuticals LTD., Dkt. No. 12, and a Cross Motion for Summary Judgment filed
by Defendant Michelle K. Lee, Director of the United States Patent and Trademark Office

("PTO"). Dkt. No. 15. Both motions concern the interpretation of, 35 U.S.C. § 154, the statute

whichprovides for a patent term adjustment—^the amount of time added to the life of a patent
due to delays during the patent application period. The dispute, amounting to a difference of
four or five days of additional patent term may appear inconsequential. However, each additional

day of patent term is of value to the holder, especially in the context of pharmaceutical patents.