Case Study: Bristol-Myers V. Kappos

Law360, New York (March 16, 2012, 1:33 PM EDT) -- On Jan. 27, 2012, the U.S. District Court for the District of Columbia held that the 180-day deadline to file a civil action seeking review of a patent term adjustment (PTA) determination by the U.S. Patent and Trademark Office is tolled by a timely filed petition for reconsideration of PTA with the USPTO.

Prior to this opinion, many patentees filed civil actions at the 180-day deadline in order to preserve the right of appeal in the federal courts for challenges that were still under USPTO review. This decision is significant because, barring a successful appeal by the USPTO, patentees may no...

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