IP LAW CLIENT ALERT: The America Invents Act Redefines Jurisdiction Over Patent Term Adjustment Civil Actions

    2 March 2012
    When the America Invents Act (AIA) was enacted on September 16, 2011, it effectively preempted the Administrative Procedures Act (APA) regarding jurisdiction over civil actions brought by patentees challenging patent term adjustment calculations by Directors of the U.S. Patent and Trademark Office (USPTO). Previously, pursuant to Section 154(b)(4) of the patent statute and the APA,  jurisdiction over civil actions relating to patent term adjustment calculations was in the U.S. District Court for the District of Columbia. Under Section 9 of the AIA, jurisdiction now lies in the U.S. District Court for the Eastern District of Virginia.