On December 31, the USPTO appealed the decision of the U.S. District Court for the Eastern District of Virginia holding that the USPTO has improperly shortened many patent term adjustments, as discussed in our November 20, 2012 Special Report. That decision will be reviewed by the U.S. Court of Appeals for the Federal Circuit over the next year. However, on January 28, 2013, the U.S. District Court for the Eastern District of Virginia issued a decision in conflict with the previously-reported Exelixis decision. That decision has also been appealed, and the appeal will be consolidated with the pending Exelixis appeal.