GILEAD SCIENCES, INC., Plaintiff-Appellant v. MICHELLE K. LEE, DEPUTY DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, ACTING UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY, Defendant-Appellee, 778 F.3d 1341

Summary

HOLDINGS: [1]-A patent term adjustment period was properly reduced by the number of days between a patentee's reply to a notice of restriction and filing a supplemental information disclosure statement, since the adjustment for supplemental filings was expressly required by regulation regardless of whether the supplemental filing actually caused any delay in the patent examination.