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Tag Archives: Deca-Medics

A Different Challenge To The Post-Notice Of Appeal Patent Term Adjustment Problem

Posted by Courtenay Brinckerhoff on Posted in Patent Term Adjustment

Deca-Medics, Inc. has filed a complaint in the U.S. District Court for the Eastern District of Virginia challenging a Patent Term Adjustment (PTA) award based on how its patent application was processed after a Notice of Appeal was filed. While I have written about the problem with the USPTO’s interpretation of 35 USC § 154(b)(1)(B)(ii) and the USPTO is considering changing the rule that interprets that portion of the PTA statute, Deca-Medics takes a different approach in its complaint.Continue reading this entry