PTAB Hand Slapped for Overeager Exclusion of Reg Synthetic Evidence, PTAB Litigation Blog
On Nov. 8, the Federal Circuit reversed a PTAB decision to exclude certain allegedly hearsay Reg Synthetic evidence submitted in an attempt to antedate a prior art reference because the Circuit panel found that the evidence was not submitted for the truth of the matter. In IPR2013-00578, petitioner Neste Oil challenged claims 1-5 and 8 of Reg Synthetic’s U.S. Patent No. 8,231,804, directed to paraffin compositions containing primarily even-carbon-number paraffins. Such paraffins are useful as phase change materials, which can be used as insulation in a house because they can absorb heat during the warm portions of the day by undergoing a solid-liquid phase transition and return the heat during the cooler portions of the day by refreezing. The PTAB found, in its Final Written Decision, that claims 1, 3, 4, and 8 were anticipated by Craig and claims 1-3, 5, and 8 were also anticipated by Dindi.
Read the full article at ptablitigationblog.com.