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Written January 29, 2019
The US Court of Appeals for the Federal Circuit on January 23, 2019, reversed a district court entry of summary judgement that had prevented patent owner Supernus and its licensee from extending U.S. patent 8,747,897. Supernus Pharmaceuticals, Inc. v. Iancu, Fed. Cir., No. 17-1357, 1/23/19.
Supernus asked the patent office for a continued examination of the ‘897 patent in February 2011. It filed an information disclosure statement in November 2012 after learning that generic drugmaker Sandoz Inc. opposed its parallel European application. The 646 days between Supernus’ request and its statement amounted to a delay, the patent office said.
The Federal Circuit disagreed, saying that a patent applicant doesn’t delay proceedings by submitting supplemental information after asking the patent office for continued examination.