In Rare Sua Sponte Order, PTAB Finds Using a Trademark Could Render Claim Indefinite
In a rare sua sponte action, the Board issued an order providing notice that the patent owner’s amended claims in an ongoing PGR may be unpatentable. Galderma S.A. v. Medy-Tox, Inc., PGR2019-00062, Paper 54 (Feb. 24, 2021). The Board found that Medy-Tox’s use of the trademark “BOTOX®” in the only independent claim of its U.S. Patent No. 10,143,728 (“the ’728 Patent”) provided potential grounds for finding the claims indefinite.
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