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EXELIXIS, INC. v. KAPPOS

No. 1:12cv574 (LMB/TRJ).

919 F.Supp.2d 689 (2013)

EXELIXIS, INC., A Delaware Corporation, Plaintiff, v. Honorable David J. KAPPOS, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

January 28, 2013.

Attorney(s) appearing for the Case

Houda Morad, Steptoe & Johnson LLP, Washington, DC, for Plaintiff.

David Moskowitz, Julie Ann Edelstein, U.S. Attorney's Office, Alexandria, VA, for Defendant.

MEMORANDUM OPINION

LEONIE M. BRINKEMA, District Judge.

Plaintiff Exelixis, Inc. ("Exelixis") has sued David J. Kappos, the Director of the United States Patent and Trademark Office ("PTO"), under 35 U.S.C. § 154 and the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq., claiming that the PTO improperly determined the amount of patent term adjustment ("PTA") to which one of Exelixis's patents is entitled. Before the...

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