Medytox Loses Bid to Revive Voided Wrinkle-Treatment Patent

Medytox Inc. failed to convince a US appeals court that the Patent Trial and Appeal Board should allow it to substitute new claims addressing shortcomings that led to the cancellation of a patent related to wrinkle treatments.

The administrative tribunal, an arm of the US Patent and Trademark Office, invalidated US Patent No. 10,143,728 in July 2021 after Galderma SA had requested a post-grant review.

The PTAB’s “claim construction of the responder rate limitation and finding of lack of enablement for the substitute claims were reasonable and supported by substantial evidence,” Judge Jimmie V. Reyna wrote in a precedential opinion ...