Novartis AG v. Lee, No. 13-1160 (Fed. Cir. Jan. 15, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Novartis AG, Novartis Vaccines and Diagnostics, Inc., and Novartis Corporation (collectively, Novartis) filed suits that challenged the determinations by the Patent and Trademark Office of how much time to add, under 35 U.S.C. § 154(b), to the otherwise- applicable term of vari- ous Novartis patents . Of the eighteen patents before us, the district court dismissed Novartis’s claims regarding fifteen as untimely asserted. F or the other three, the court rejected the PTO ’s construction of the statutory provision that governs patent term adjustment here.