CAFC reverses ED Va in SUPERNUS PHARMACEUTICALS, a patent term adjustment case

The outcome:



Supernus Pharmaceuticals, Inc. and United Therapeutics
Corp. appeal the entry of summary judgment by
the U.S. District Court for the Eastern District of Virginia.
The district court determined that, based on this
court’s decision in Gilead Sciences, Inc. v. Lee, the U.S.
Patent and Trademark Office’s calculation of the patent
term adjustment for the patent at issue was correct, and
that summary judgment was warranted as a matter of
law. We reverse the district court’s grant of summary
judgment because the patent term adjustment in this case
went beyond the period during which the applicant failed
to undertake reasonable efforts and thereby exceeded the
limitations set by the patent term adjustment statute.