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ACTELION PHARMACEUTICALS, LTD. v. MATAL

2017-1238.

881 F.3d 1339 (2018)

ACTELION PHARMACEUTICALS, LTD., Plaintiff-Appellant, v. Joseph MATAL, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided February 6, 2018.

Attorney(s) appearing for the Case

THOMAS HOXIE , Hoxie & Associates, LLP, Millburn, NJ, argued for plaintiff-appellant.

DANA KAERSVANG , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by CHAD A. READLER , DANA J. BOENTE ; KIMERE JANE KIMBALL , Office of the United States Attorney for the Eastern District of Virginia, Alexandria, VA; NATHAN K. KELLEY , BRIAN RACILLA , MOLLY R. SILFEN , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Lourie, O'Malley, and Wallach, Circuit Judges.

Actelion Pharmaceuticals, Ltd. ("Actelion") appeals from the grant of summary judgment by the United States District Court for the Eastern District of Virginia in favor of the United States Patent and Trademark Office ("PTO") regarding the length of the patent term adjustment ("PTA") for U.S. Patent 8,658,675 ("the '675 patent...

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