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Federal Circuit: No Patent Term Adjustments When Claims Change
On Sept. 14, 2022, a Federal Circuit panel of Judges Newman, Linn, and Chen issued a unanimous decision in Sawstop Holding LLC v. Vidal, No. 2021-1537 (Fed. Cir. 2022). The Federal Circuit affirmed the District Court for the Eastern District of Virginia's grant of summary judgment in favor of the United States Patent and Trademark Office's (PTO) decision to refuse to award an additional patent term adjustment for U.S. Patent No. 9,522,476 (the '476 patent) and U.S. Patent No. 9,927,796 (the '796 patent and collectively, the patents-at-issue) under 35 U.S.C. §154(b)(1).
The patents-at-issue are directed to "power saws with a safety feature that instantly stops the saw blade upon contact with flesh." Slip op. at 3. The Federal Circuit noted that "issuance of [the patents-at-issue] was delayed by appeals before allowance." Id. As such, SawStop Holdings LLC (Sawstop) sought a patent term adjustment under §154(b)(1)(C).
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