Idorsia Pharmaceuticals Ltd. v. Matal

Filing 39

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 07/22/2019. (See Order for Further Details)(choy, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

IDORSIA PHARMACEUTICALS LTD.,

Plaintiff,
V.

Case No. l:17-cv-922

ANDRE lANCU,

Under Secretary ofCommercefor Intellectual
Property and Director ofthe United States
Patent and Trademark Office,
Defendant.

MEMORANDUM OPINION

Plaintiff, a Swiss limited liability company, brings this action pursuant to 35 U.S.C. §

154(b)(4)(A), the Administrative Procedures Act ("APA"),' and the Fifth Amendment of the
United States Constitution, challenging the United States Patent and Trademark Office's("PTO")
calculation of the length of a patent term adjustment("PTA")for plaintiffs patent, U.S. Patent
No.8,518,912("the '912 Patent"). In total, plaintiffseeks an additional 102 days of A-Delay PTA
to be added to the term of the '912 Patent, which would increase the total PTA from 311 to 413

days. At issue in this matter are the parties' cross-motions for summary judgment with respect to
plaintiffs challenge to the PTO's PTA determination.
I.

The APA confines judicial review of agency decisions to the administrative record of

proceedings before the agency. See 5 U.S.C. § 706; see also Camp v. Pitts, 411 U.S. 138, 142
(1973). Put another way,"when a party seeks review of agency action under the APA,the district

judge sits as an appellate tribunal."

5 U.S.C. § 701 etseq.

Bioscience, Inc. v. Thompson,269 F.3d 1077,1083(D.C.