Today the Federal Circuit issued one precedential opinion in a patent case. Here is the introduction to the opinion.
Mayo Foundation v. Iancu (Precedential)
The Mayo Foundation for Medical Education and Research (“Mayo”) appeals from a decision of the United States District Court for the Eastern District of Virginia, Mayo Found. v. Iancu, 309 F. Supp. 3d 425 (E.D. Va. 2018) (“Decision”), which affirmed the United States Patent and Trademark Office’s (the “PTO’s”) calculation of patent term adjustment (“PTA”) for U.S. Patent 8,981,063 (the “’063 patent”) under 35 U.S.C. § 154. Because we conclude that the PTO’s interpretation of “any time consumed by continued examination of the application requested by the applicant under section 132(b)” in 35 U.S.C. § 154(b)(1)(B)(i), see 37 C.F.R. § 1.703(b)(1), was correct, we affirm.