Intra-Cellular Therapies, Inc. v. Matal

Filing 27

MEMORANDUM OPINION re Motion for Summary Judgment. Signed by District Judge Claude M. Hilton on 2/13/18. (klau, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

INTRA-CELLULAR THERAPIES,
INC.,
Plaintiff,

Civil Action No. l-17-cv-00776

V.

JOSEPH MATAL,

Defendant,

MEMORANDUM OPINION

THIS MATTER comes before the Court on Plaintiff's Motion

for Summary Judgment and Defendant's Cross Motion for Summary

Judgment. This action arises from Plaintiff's challenge of the
United

term

States

Patent

adjustment

and

Trademark

determination

for

Office's

United

("USPTO")

States

patent

Patent

No.

8,648,077 (the "'077 patent").

When

calculating

the

terra

of

a

patent,

the

USPTO

is

required to account for statutorily enumerated delays in the
USPTO's examination of the patent application as well as any

amount of time "during which the applicant failed to engage in
reasonable efforts to conclude prosecution of the application."

35 U.S.C. § 154(b)(2)(C)(i). To prevent a patent term's loss of