Firm Authors Amicus Brief Urging Supreme Court to Restore Patent Term to Thousands of Patents

December 17, 2015

The firm authored an amicus curiae brief for the New York Intellectual Property Law Association urging the Supreme Court to bring the PTO’s procedures for reviewing patent term adjustment in line with fundamental administrative law principles. The PTO’s procedures arbitrarily denied patent term to tens of thousands of patents with uncorrected PTO errors.

The amicus brief explains that without the Supreme Court’s review, the PTO’s systemic errors will not be reviewed by the PTO and the patent terms guaranteed by Congress will not be restored. The brief urges the Court to step in to ensure that PTO procedures do not present arbitrary hurdles. The Supreme Court case is captioned Daiichi Sankyo Company, Ltd. v. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office, No. 15-652.

To read the full amicus curiae brief, click here.