• PTAB Review of Pupil Dilation Patent a Real Eye Opener on PTAB Case Witnesses and Tests
  • December 21, 2016 | Author: Robert H. Resis
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • The Patent Trial and Appeal Board recently held in a post grant review (PGR) that a petitioner failed to prove that patent claims were obvious. The PTAB reached this holding after finding that the petitioner’s declarant (its president) was a fact witness and not qualified as an expert, and that he failed to explain how tests were performed and data was generated on the petitioner’s prior art compositions.