Abraxis Bioscience, LLC v. Lee
Docket: No. 2014-1330
Court: Court of Appeals for the Federal Circuit; June 18, 2014; Federal Appellate Court
The parties jointly requested a remand to the district court based on the precedential case Novartis AG v. Lee, which established that the appropriate patent term adjustment in this case is 323 days. They seek a remand to vacate the district court's prior judgment that denied this adjustment and to instruct the U.S. Patent and Trademark Office to recalculate the patent term adjustment accordingly. The Chief Judge granted the motion, ordering the case remanded for further proceedings consistent with this directive, with each party responsible for its own costs.