Pfizer loses at CAFC on length of a patent term adjustment (“PTA”) for U.S. Patent No. 8,153,768

The CAFC affirmed ED Va and noted general issues with 35 U.S.C. § 154(b)(1). Judge Newman dissented:I respectfully dissent.The panel majority’s ruling on patent term adjustment is in conflict with the Patent Act, for the PTO’s admittedly incomplete restriction require-ment during patent examination contributed to the delay in issuance of the patent.link: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1265.Opinion.1-20-2016.1.PDF