United Therapeutics and Supernus Pharmaceuticals Win Patent Term Adjustment

On January 23, 2019, Wilson Sonsini Goodrich & Rosati secured a win for clients United Therapeutics and Supernus Pharmaceuticals against the Director of the United States Patent and Trademark Office (USPTO) at the Court of Appeals for the Federal Circuit in an appeal from the District Court for the Eastern District of Virginia. The win secures at least an additional 1.5 years of patent term for United Therapeutics on its oral pulmonary hypertension drug, Orenitram.

Following a determination by the USPTO reducing our clients' patent term adjustment by 646 days and a determination by the district court affirming the adjustment, United Therapeutics and Supernus filed an appeal at the Court of Appeals for the Federal Circuit. Although the Federal Circuit had previously upheld and found reasonable, under Chevron, the same regulation under which the USPTO and district court reduced the patent term, WSGR successfully argued that the prior case was distinguishable and that the USPTO's determination went beyond the limitations set by the patent term adjustment statute and was entitled to no deference.

The WSGR team representing United Therapeutics and Supernus Pharmaceuticals in this matter includes partner Doug Carsten, Of Counsel Veronica Ascarrunz, associate Adam Burrowbridge, and senior paralegal Kathryn Robinson.