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GILEAD SCIENCES, INC. v. REA

Civil Action No. 1:12-cv-1090.

976 F.Supp.2d 833 (2013)

GILEAD SCIENCES, INC., Plaintiff, v. Teresa Stanek REA, Acting Undersecretary of Commerce for Intellectual Property and Acting Director of United States Patent and Trademark Office, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 3, 2013.

Attorney(s) appearing for the Case

Ahmed Jamal Davis , Fish & Richardson PC, Washington, DC, for Plaintiff.

David Moskowitz , U.S. Attorney's Office, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

LIAM O'GRADY, District Judge.

This matter comes before the Court on the parties' cross-motions for summary judgment (Dkt. Nos. 11 and 15). Plaintiff Gilead Sciences, Inc. ("Gilead") asks the Court to find that the Defendant United States Patent and Trademark Office ("USPTO") improperly calculated the patent term adjustment for the U.S. Patent No. 8,148,374 ("the '374 patent"). The...

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