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INTRA-CELLULAR THERAPIES, INC. v. IANCU

2018-1849.

938 F.3d 1371 (2019)

INTRA-CELLULAR THERAPIES, INC., Plaintiff-Appellant. 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: September 18, 2019.

Attorney(s) appearing for the Case

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

Andrew Sun Han , Office of the United States Attorney for the Eastern District of Virginia, Alexandria, VA, argued for defendant-appellee. Also represented by G. Zachary Terwilliger ; Kakoli Caprihan , Thomas W. Krause , Joseph Matal , Brian Racilla , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Wallach, Chen, and Hughes, Circuit Judges.

Intra-Cellular Therapies, Inc. (Intra-Cellular) appeals the summary judgment decision of the United States District Court for the Eastern District of Virginia affirming the patent term adjustment (PTA) determination made by the United States Patent and Trademark Office (Patent Office). During prosecution of Intra-Cellular's...

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