Pfizer loses at CAFC on length of a patent term adjustment (“PTA”) for U.S. Patent No. 8,153,768

The CAFC affirmed ED Va and noted general issues with 35 U.S.C. § 154(b)(1).

Judge Newman dissented:


I respectfully dissent.
The panel majority’s ruling on patent term
adjustment is in conflict with the
Patent Act, for the PTO’s
admittedly incomplete restriction require-
ment during patent examination
contributed to the delay
in issuance of the patent.



link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1265.Opinion.1-20-2016.1.PDF