Supernus Pharmaceuticals, Inc. and United Therapeutics Corp. appeal the entry of summary judgment by the U.S. District Court for the Eastern District of Virginia. The district court determined that, based on this court’s decision in Gilead Sciences, Inc. v. Lee, the U.S. Patent and Trademark Office’s calculation of the patent term adjustment for the patent at issue was correct, and that summary judgment was warranted as a matter of law. We reverse the district court’s grant of summary judgment because the patent term adjustment in this case went beyond the period during which the applicant failed to undertake reasonable efforts and thereby exceeded the limitations set by the patent term adjustment statute.
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