Preliminary Means Preliminary: Federal Circuit Emphasizes the Non-binding Nature of the PTAB’s Preliminary Guidance Under the Pilot Program for Motions to Amend in Medytox, Inc. v. Galderma S.A.

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 invalid and denied Medytox’s motion to amend substitute claims. On appeal, Medytox challenged the Board’s findings on claim construction, new matter, enablement, and written description….
By: Haug Partners LLP