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Standard for Indefiniteness in PGR Proceedings – Nautilus or Packard?, <i>PTAB Litigation Blog</i>

Standard for Indefiniteness in PGR Proceedings – Nautilus or Packard?, PTAB Litigation Blog

In PGR2015-00018, Petitioner Telebrands Corp. filed a petition for post-grant review of claims 1-14 of U.S. Patent No. 9,051,066 (filed September 2014, issued June 2015). In the attached decision, described below, the Board instituted post-grant review, finding that the Petitioner had established a reasonable likelihood of prevailing on its challenges to the claims under 35 U.S.C. §§ 112 and 103.

The ‘066 patent is titled “System and Method for Filling Containers with Fluids,” and describes an apparatus for filling multiple water balloons simultaneously:

Hollow tubes 16 fill the balloons 18 with water, and when the balloons 18 are “substantially filled” with water, a user can shake the tubes 16 to detach sealed balloons.

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