In Chudik v. Hirshfeld, No. 2020-1833 (Fed. Cir. Feb. 8, 2021), a panel of the U.S. Court of Appeals for the Federal Circuit (TARANTO, Bryson, and Hughes) affirmed a district court’s determination that patentee, Chudik, was not entitled to additional patent term extension under 35 U.S.C. § 154(b)(1)(C)(iii). The Federal Circuit, upholding the PTO’s interpretation of the statute, ruled that the (C)(iii) provision applies only where the Board or other appellate court (i) has jurisdiction over the appeal and (ii) reverses an adverse determination of patentability.