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The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license.
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The Chief Judge of the U.S. Court of Appeals for the Federal Circuit Sharon Prost, has quipped that, with her experience in both the legislative and judicial branches of government, she is a “walking separation of powers.”
1 Prior to her appointment to the Federal Circuit in 2001, where she has presided as chief since 2014, she served as a lawyer for the Senate, including as Senator Orrin Hatch (R-Utah)’s chief counsel on the Senate Judiciary Committee. With this resume, Judge Prost has amassed decades of exposure to and expertise with IP issues affecting the pharmaceutical industry.
Early RCE Creates Gaps In Patent Term Adjustment Award Tuesday, February 23, 2021
In
Chudik V. Hirshfeld, the Federal Circuit upheld the USPTO’s determination that a Patent Term Adjustment (PTA) award for “C” delay is not available when an examiner reopens prosecution after an Appeal Brief is filed, because an award for “C” delay requires actual appellate review. The court warned of the consequences of filing a Request for Continued Examination (RCE) early in the examination process instead of pursuing an appeal right away, because that prevented an award for “B” delay over the time periods at issue. While not at issue in this case, patent holders may be wondering when the USPTO will start calculating PTA correctly under the 2019