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PFIZER, INC. v. LEE

No. 2015-1265.

811 F.3d 466 (2016)

PFIZER, INC., A Delaware Corporation, Wyeth Holdings Corporation, A Maine Corporation, Plaintiffs-Appellants v. Michelle K. LEE, 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.

January 22, 2016.

Attorney(s) appearing for the Case

Simeon G. Papacostas, Kirkland & Ellis LLP, Chicago, IL, argued for plaintiffs-appellants. Also represented by Patricia A. Carson, Daniel Forchheimer, New York, NY.

Dennis C. Barghaan, Jr., Office of the United States Attorney, Eastern District of Virginia, Alexandria, VA, argued for defendant-appellee. Also represented by Dana J. Boente; Kakoli Caprihan, Brian Racilla, Sydney O. Johnson, Jr., Nathan K. Kelley, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Opinion for the court filed Circuit Judge O'MALLEY. Dissenting opinion filed Circuit Judge NEWMAN.

Appellants Pfizer, Inc. and Wyeth Holdings Corporation appeal the district court's grant of summary judgment in favor of the United States Patent and Trademark Office ("PTO") on the issue of whether the PTO properly calculated the length of a patent term adjustment ("PTA") for U.S. Patent No. 8,153,768 (the "'768 patent...

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