Gilead Sciences, Inc. v. Lee’s Empirical Analysis
778 F.3d 1341 · 2015
Citation profile
3 federal appellate ·
Relationships
Applies 28 U.S.C. § 1295 · 35 U.S.C. § 132 · 35 U.S.C. § 154 · 35 U.S.C. § 156 · 5 U.S.C. § 706
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · United States v. Mead Corp. · Consumer Product Safety Commission v. GTE Sylvania, Inc. · United States v. United Mine Workers of America · Kelly v. Robinson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Submission of a supplemental reply or other paper, other than a supplemental reply or other paper expressly requested by the examiner, after a reply has been filed, in which case the period of adjustment set forth in § 1.703 [that extends the patent's term due to USPTO delay] shall be reduced by the number of days, if any, beginning on the day after the date the initial reply was filed and ending on the date that the supplemental reply or other such paper was filed ....”
1 later decision quote this exact passage · from the majority“is mandatory and connotes a requirement). Thus, the statutory period of PTA reduction must be the same number of days as the period from the beginning to the end of the applicant's failure to engage in reasonable efforts to conclude prosecution. PTA cannot be reduced by a period of time during which there is no identifiable effort in which the applicant could have engaged to conclude prosecution because such time would not be”
1 later decision quote this exact passage · from the majority“(b) Adjustment of patent term.- .... (2) Limitations.- .... (C) Reduction of period of adjustment.- (i) The period of adjustment of the term of a patent under paragraph (1) shall be reduced by a period equal to the period of time during which the applicant failed to engage in reasonable efforts to conclude prosecution of the application.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.