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ARNOLD PARTNERSHIP v. DUDAS

No. 03-1339.

362 F.3d 1338 (2004)

The ARNOLD PARTNERSHIP, Plaintiff-Appellant, v. Jon DUDAS, Acting Under Secretary of Commerce for Intellectual Property and Acting Director, Patent and Trademark Office, and Nicholas P. Godici, Commissioner for Patents, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

DECIDED: March 24, 2004.

Attorney(s) appearing for the Case

Christopher N. Sipes, Covington & Burling, of Washington, DC, argued for plaintiff-appellant.

Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendants-appellees. With her on the brief were John M. Whealan, Solicitor; and Raymond T. Chen, Associate Solicitor.

Donald O. Beers, Arnold & Porter, of Washington, DC, for amicus curiae GlaxoSmithKline. With him on the brief was David E. Korn. Of counsel on the brief was Scott A. Chambers, Patton Boggs, LLP, of McLean, VA.

Before RADER, BRYSON, and DYK, Circuit Judges.

RADER, Circuit Judge.

On summary judgment, the United States District Court for the Eastern District of Virginia ruled that the United States Patent and Trademark Office (PTO) properly denied an application for extending the term of U.S. Patent No. 4,587,252 under 35 U.S.C. § 156. Arnold P'ship v. Rogan, 246 F.Supp.2d 460 (E.D.Va.2003). Because the district court did not err in upholding the PTO's interpretation...

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