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GILEAD SCIENCES, INC. v. LEE

No. 2014-1159.

778 F.3d 1341 (2015)

GILEAD SCIENCES, INC., Plaintiff-Appellant v. Michelle K. LEE, Deputy Director, United States Patent and Trademark Office, Acting Under Secretary of Commerce for Intellectual Property, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 26, 2015.

Attorney(s) appearing for the Case

Jonathan Elloit Singer , Fish & Richardson P.C., Minneapolis, MN, Also represented by Ahmed Jamal Davis , Washington, DC, Craig Earl Countryman , San Diego, CA, for plaintiff-appellant.

David Moskowitz , Criminal Division, Fraud Section, United States Department of Justice, Washington, DC, Also represented by Dana J. Boente , Brian Thomas Racilla , Nathan K. Kelley , Jeremiah S. Helm , Office of the Solicitors, United States Patent and Trademark Office, Alexandria, VA, for defendant-appellee.

Before DYK, WALLACH, and HUGHES, Circuit Judges.

Gilead Sciences, Inc. ("Gilead") appeals the decision of the United States District Court for the Eastern District of Virginia granting summary judgment to the Director of the United States Patent and Trademark Office ("PTO") on whether it properly calculated the Patent Term Adjustment ("PTA") period for U.S. Patent No. 8...

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