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BRISTOL-MYERS SQUIBB CO. v. KAPPOS

Civ. Nos. 09-1330 (EGS), 09-2420.

841 F.Supp.2d 238 (2012)

BRISTOL-MYERS SQUIBB COMPANY and Kosan Biosciences Inc., Plaintiffs, v. David KAPPOS, in his official capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant.

United States District Court, District of Columbia.

January 27, 2012.

Attorney(s) appearing for the Case

Brian M. Boynton, Randolph D. Moss, Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC, for Plaintiffs.

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

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Plaintiffs Bristol-Myers Squibb Company and Kosan Biosciences Inc. filed this action on June 17, 2009 seeking review of certain patent term adjustments granted by the Director of the United States Patent and Trademark Office ("PTO"). Plaintiffs alleged that all of the challenged PTO patent term adjustment determinations relied on an erroneous interpretation of 35 U.S.C. § 154(b) rejected by...

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