When Relying upon Scientific Test Data in its Petition, the Petitioner Must Provide Sufficient Information to Permit the PTAB to Evaluate the Data and its Reliability

When Relying upon Scientific Test Data in its Petition, the Petitioner Must Provide Sufficient Information to Permit the PTAB to Evaluate the Data and its Reliability

By Jennifer Chheda, Ph.D. and Cary Miller, Ph.D. On November 14, 2016, the PTAB issued a Final Written Decision upholding Paragon Bioteck, Inc.’s patent, U.S. Patent No. 8,859,623 B1 (the “’623 patent”), relating to a method of using an ophthalmic composition for...

Federal Circuit On Combining References

Practice Tip: Significant attention should be paid to motivations to combine rationales in petition drafting especially at the PTAB Trial Phase versus the Appeal Phase.  Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, -1576 (Fed. Cir. Nov. 5, 2015) – Appeal...