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HUMAN GENOME SCIENCES, INC. v. KAPPOS

Civil Action No. 10-0575 (ESH).

738 F.Supp.2d 120 (2010)

HUMAN GENOME SCIENCES, INC., Plaintiff, v. Hon. David J. KAPPOS, Under Secretary of Commerce for Intellectual Property & Director of the United States Patent & Trademark Office, Defendant.

United States District Court, District of Columbia.

September 23, 2010.

Attorney(s) appearing for the Case

Jeremy M. Jay, Leydig, Voit & Mayer, Washington, DC, Emer L. Simic, John Kilyk, Jr., Leydig, Voit & Mayer, Ltd., Chicago, IL, for Plaintiff.

John G. Interrante, U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiff Human Genome Sciences seeks to have the patent term adjustments (PTAs) for four of its patents recalculated due to alleged miscalculations by the United States Patent and Trademark Office ("USPTO"). Plaintiff's original complaint sought recalculation for two of its patents, and its Amended Complaint added similar claims for two other patents. Defendant moved to strike the Amended Complaint...

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