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Daiichi Sankyo Company, Limited v. Kappos

Memorandum in opposition to re MOTION for Summary Judgment To Correct The Patent Term Adjustment For United States Patent Nos. 7,342,014 And 7,365,205

64 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,209 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,655 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  4. Henderson v. Shinseki

    562 U.S. 428 (2011)   Cited 1,561 times   12 Legal Analyses
    Holding that there must be "clear indication that Congress wanted the rule to be jurisdictional," although Congress "need not use magic words" (cleaned up)

  5. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,289 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

  6. Griggs v. Provident Consumer Discount Co.

    459 U.S. 56 (1982)   Cited 3,213 times   21 Legal Analyses
    Holding that the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"

  7. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,886 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  8. Dickinson v. Zurko

    527 U.S. 150 (1999)   Cited 958 times   20 Legal Analyses
    Holding that the more deferential substantial-evidence standard, and not the "stricter" and less deferential clear-error standard, applies to challenges to Patent and Trademark Office's patent denials, as it does to other agencies

  9. Brown v. General Services Administration

    425 U.S. 820 (1976)   Cited 2,249 times
    Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

  10. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,967 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,902 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,459 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 2253 - Appeal

    28 U.S.C. § 2253   Cited 115,484 times   58 Legal Analyses
    Conditioning the taking of an appeal on the issuance of a "certificate of appealability"

  14. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,514 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  15. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,406 times   36 Legal Analyses
    Adopting the definition given in Section 551

  16. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,093 times   24 Legal Analyses
    Granting judicial review of "agency action"

  17. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,222 times   26 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

  18. Section 2107 - Time for appeal to court of appeals

    28 U.S.C. § 2107   Cited 1,343 times   23 Legal Analyses
    Allowing reopening for “14 days from the date of entry”

  19. Section 2501 - Time for filing suit

    28 U.S.C. § 2501   Cited 831 times   4 Legal Analyses
    Determining the statute of limitations for filing an action in the United States Court of Federal Claims

  20. Section 154 - Contents and term of patent; provisional rights

    35 U.S.C. § 154   Cited 762 times   259 Legal Analyses
    Granting twenty years for utility patents

  21. Section 1.321 - Statutory disclaimers, including terminal disclaimers

    37 C.F.R. § 1.321   Cited 75 times   32 Legal Analyses
    Incorporating the language of § 253

  22. Section 1.311 - Notice of allowance

    37 C.F.R. § 1.311   Cited 15 times

    (a) If, on examination, it appears that the applicant is entitled to a patent under the law, a notice of allowance will be sent to the applicant at the correspondence address indicated in § 1.33 . The notice of allowance shall specify a sum constituting the issue fee and any required publication fee (§ 1.211(e) ), which issue fee and any required publication fee must both be paid within three months from the date of mailing of the notice of allowance to avoid abandonment of the application. This

  23. Section 1.705 - Patent term adjustment determination

    37 C.F.R. § 1.705   Cited 14 times   26 Legal Analyses

    (a) The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b) . (b) Any request for reconsideration of the patent term adjustment indicated on the patent must be by way of an application for patent term adjustment filed no later than two months from the date the patent was granted. This two-month time period may be extended under the provisions of § 1.136(a) . An application for patent term adjustment under this section must be accompanied by: (1) The fee set forth