Actelion Pharmaceuticals, Ltd. v. Matal (Fed. Cir. 2018)

By Donald Zuhn –- Last week, the Federal Circuit affirmed the grant of summary judgment by the District Court for the Eastern District of Virginia in favor of the U.S. Patent and Trademark Office with respect to the USPTO's determination of Patent Term Adjustment ("PTA") for U.S. Patent No. 8,658,675. In particular, the Federal Circuit determined that the District Court did not err in affirming the USPTO's finding that Actelion failed to make an express request for early examination of the '619 application, as required by 35 U.S.C. § 371(f), and that the District Court also did not err in…Original Article