U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal recently altered a decision by the Patent Trial and Appeal Board (PTAB) to address the use of applicant admitted prior art.
Reyna, J. The Court affirmed a decision by the PTAB in a post-grant review denying an appellant's motion to substitute claims of a patent directed to a botulinum toxin composition.
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In Medytox, Inc. v. Galderma S.A, the Federal Circuit affirmed a Final Written Decision of the Patent Trial and Appeal Board (“Board”) that found Medytox’s proposed substitute claims.