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The Federal Circuit affirmed the district court’s grant of summary judgment to the government on the patentee’s claim that the PTO had erred by refusing to give any patent term adjustment to two patents issuing from continuation applications where the patent issuing from the original application was allowed a 1,476 day patent term adjustment.  The court agreed that the language of the patent term adjustment statute, 35 U.S.C. § 154(b)(1)(A), was clear that a patent term adjustment for the patent issuing from an original application would not carry over to any continuation patent claiming priority to the original patent application.  

Mohsenzadeh v. Lee, Case No. 2014-1499 (June 25, 2015); Opinion by:  Reyna, joined by Moore and Schall; Appealed From: District Court for the Eastern District of Virginia, Lee, J.  Read the full opinion here.

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