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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
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SUPERNUS PHARMACEUTICALS, INC. 1550 East Gude Drive, Rockville, MD 20850 Plaintiff,

Civil Action No. I'I^cV14j5*

HON. DAVID J. KAPPOS

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Under Secretary of Commerce for Intellectual Property and Director of the United States
Patent and Trademark Office Office of the General Counsel United States Patent and Trademark Office

P.O. Box 1450, Arlington, VA 22313 Madison Building East, Room 10B20 600 Dulany Street, Alexandria, VA 22314
Defendant.

COMPLAINT

Plaintiff Supemus Pharmaceuticals, Inc. ("Supernus"), for its Complaint against Defendant, the Honorable David J. Kappos ("Defendant"), respectfully states as follows:
1. This is an action by Supernus, the assignee and owner of United States Patent No.

8,206,740 ("the '740 patent"), seeking review of inaccurate and erroneous patent term

adjustment calculations made by the United States Patent & Trademark Office ("PTO").
Specifically, this is an action by Supemus under 35 U.S.C. 154(b)(4)(A) seeking a judgment

that the patent term adjustment for the '740 patent be changed from 626 days to 703 days.
2. This action arises under 35 U.S.C. 154 and the Administrative Procedure Act, 5

U.S.C. 701-706.