913 F.3d 1351 (2019)

SUPERNUS PHARMACEUTICALS, INC., United Therapeutics Corporation, Plaintiffs-Appellants v. Andrei IANCU, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: January 23, 2019.

Attorney(s) appearing for the Case

DOUGLAS H. CARSTEN , Wilson, Sonsini, Goodrich & Rosati, PC, San Diego, CA, argued for plaintiffs-appellants. Also represented by VERONICA SUSANA ASCARRUNZ , ADAM WILLIAM BURROWBRIDGE , Washington, DC.

SHAUN R. SNADER , United Therapeutics Corporation, Washington, DC, for plaintiff-appellant United Therapeutics Corporation.

R. TRENT McCOTTER , Office of the United States Attorney for the Eastern District of Virginia, Alexandria, VA, argued for defendant-appellee Andrei Iancu. Also represented by KAKOLI CAPRIHAN , BRIAN RACILLA , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Dyk, Schall, and Reyna, Circuit Judges.

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...


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