Abraxis Bioscience, LLC v. LEE, No. 14-1330 (Fed. Cir. June 18, 2014) — Order on Motion

NOTE: This order is nonprecedential. United States Court of Appeals

for the Federal Circuit

ABRAXIS BIOSCIENCE, LLC,

Plaintiff-Appellant,

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.

O R D E R

22 ABRAXIS BIOSCIENCE, LLC v. LEE

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 instructions to remand to the U.S. Patent and Trademark Office for the purpose of recalculating the patent term adjustment.

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

Text extracted from the official PDF and reflowed for reading. It is not a certified transcript — the PDF linked above is the authoritative document.

Cite this opinion

Abraxis Bioscience, LLC v. LEE, No. 14-1330 (Fed. Cir. June 18, 2014).

Record ID

CAFC-14-1330-20140618

Permalink

https://patentcasewatch.com/opinions/CAFC-14-1330-20140618

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