Abraxis Bioscience, LLC v. Michelle K. Lee, Deputy Under Secretary of Commerce for Intellectual Property

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ABRAXIS BIOSCIENCE, LLC,
Plaintiff-Appellant,
v.
MICHELLE K. LEE, DEPUTY UNDER SECRETARY
OF COMMERCE FOR INTELLECTUAL PROPERTY
AND DEPUTY DIRECTOR, U.S. PATENT AND
TRADEMARK OFFICE,
Defendant-Appellee.
______________________
2014-1330
______________________
Appeal from the United States District Court for the
District of Columbia in No. 1:11-cv-00730-BAH, Judge
Beryl A. Howell.
______________________
ON MOTION
______________________
Before P ROST , Chief Judge, WALLACH and T ARANTO,
Circuit Judges.
P ROST , Chief Judge.
O R D E R
Case: 14-1330 Document: 14 Page: 1 Filed: 06/18/2014

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ABRAXIS BIOSCIENCE, LLC v. LEE 2
The parties jointly move to remand to the district
court in light of Novartis AG v. Lee, 740 F.3d 593 (Fed.
Cir. 2014).
Based on Novartis, the parties agree that the patent
term adjustment at issue in this appeal should be 323
days. Thus, the parties seek a remand with instructions
for the district court to vacate the portion of its judgment
denying the patent term adjustment and further instruc-
tions to remand to the U.S. Patent and Trademark Office
for the purpose of recalculating the patent term adjust-
ment.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The case is remanded for
further proceedings consistent with this order.
(2) Each party shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s30
ISSUED AS A MANDATE: June 18, 2014
Case: 14-1330 Document: 14 Page: 2 Filed: 06/18/2014

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