District Court Reaches Opposite Conclusion on Same Patent Term Adjustment Question Decided Months Earlier | Practical Law
In Exelixis, Inc. v. Kappos, the US District Court for the Eastern District of Virginia determined that the US Patent and Trademark Office properly refused to grant Patent Term Adjustment (PTA) for the period after the applicant filed a Request for Continued Examination (RCE) where the RCE was filed more than three years after the original patent application filing date. This decision is directly contrary to the district court's decision in an earlier case involving the same parties.