By Donald Zuhn — Earlier this month, the Federal Circuit affirmed the grant of summary judgment in favor of the U.S. Patent and Trademark Office by the U.S. District Court for the Eastern District of Virginia, finding that the USPTO did not err in its interpretations of 35 U.S.C. § 154(b)(1)(C)(iii) and did not violate the Administrative Procedure Act by refusing to award additional patent term adjustments for (C) delay for U.S. Patent Nos. 9,522,476 and 9,927,796. At issue in the consolidated appeal was subsection (C) of § 154(b)(1), which provides patent term adjustments for delays associated with appellate review,…
