Short Summary
Procter & Gamble requests PTAB Director Review to overturn a decision that found its natural deodorant patent obvious. The company alleges the Board misapplied an extrinsic hardness test, ignored motivation to combine prior art, and the petitioner failed to disclose all real parties in interest.
Detailed Summary
In a Director Review request (IPR2024-01104), The Procter & Gamble Company challenges the PTAB’s Final Written Decision that held all claims of U.S. Patent No. 11,540,999 unpatentable. P&G contends the Board erred by importing the standard ASTM D‑1321 hardness test rather than the patent’s intrinsic 50‑g test, failed to articulate a proper motivation to combine the Bianchi references with natural‑ingredient references, and the petitioner, Dr. Squatch LLC, did not properly identify all real parties in interest after its acquisition by Unilever. P&G seeks vacatur of the decision and reversal of the unpatentability findings.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Dr. Squatch, LLC vs The Procter & Gamble Company is valuable context for structuring arguments or assessing risk in similar proceedings.
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