Abraxis Bioscience, LLC v. Lee

• Court: Court of Appeals for the Federal Circuit
• Decided: June 18, 2014
• Docket: 14-1330
• Status: Unpublished

Opinion

Case: 14-1330 Document: 14 Page: 1 Filed: 06/18/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ABRAXIS BIOSCIENCE, LLC, Plaintiff-Appellant,

v.

MICHELLE K. LEE, DEPUTY UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DEPUTY DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, Defendant-Appellee. ______________________

2014-1330 ______________________

Appeal from the United States District Court for the District of Columbia in No. 1:11-cv-00730-BAH, Judge Beryl A. Howell. ______________________

ON MOTION ______________________

Before PROST, Chief Judge, WALLACH and TARANTO, Circuit Judges. PROST, Chief Judge. ORDER Case: 14-1330 Document: 14 Page: 2 Filed: 06/18/2014

The parties jointly move to remand to the district court in light of Novartis AG v. Lee, 740 F.3d 593 (Fed. Cir. 2014). Based on Novartis, the parties agree that the patent term adjustment at issue in this appeal should be 323 days. Thus, the parties seek a remand with instructions for the district court to vacate the portion of its judgment denying the patent term adjustment and further instruc- tions to remand to the U.S. Patent and Trademark Office for the purpose of recalculating the patent term adjust- ment. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded for further proceedings consistent with this order. (2) Each party shall bear its own costs. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s30 ISSUED AS A MANDATE: June 18, 2014