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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

(Alexandria Division)
DSM LP. ASSETS B.V.

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Plaintiff,

HON. DAVID J. KAPPOS

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent
and Trademark Office,
Defendant.

Civil Action No. i: 12-C v/ 14-^ 0

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COMPLAINT

Plaintiff DSM LP. Assets B.V. ("DSM"), through its attorneys, brings this action against
the Honorable David J. Kappos, and states as follows:
NATURE OF THE ACTION

1.

This is an action by DSM, the assignee of United States Patent No. 8,206,981 B2

("the '981 patent"), seeking judgment that the patent term adjustment ("PTA") for the '981 patent

be changed from 975 days to 1157 days. Such an action is expressly contemplated and permitted
by 35 U.S.C. 154(b)(4)(A). 2. This action arises under 35 U.S.C. 154 and the Administrative Procedure Act, 5

U.S.C. 701-706.