Short Summary
Procter & Gamble has filed a Request for Director Review seeking reversal of a PTAB decision that found its natural deodorant patent obvious. The company challenges the Board’s claim construction, motivation to combine prior art, and the petitioner’s failure to disclose real parties in interest.
Detailed Summary
In Request for Director Review (IPR2024-01173), The Procter & Gamble Company asks the PTAB Director to vacate and reverse the Final Written Decision that held claims 1‑7, 9‑13, and 18‑19 of U.S. Patent No. 10,905,647 unpatentable. P&G contends the Board improperly used extrinsic expert testimony to import a standard ASTM hardness test, ignoring the patent’s intrinsic disclosure of a distinct 50‑gram test, and failed to articulate a rational motivation for combining non‑natural, aluminum‑ and silicone‑based references with P&G’s natural, aluminum‑free deodorant formulations, violating KSR. Additionally, P&G alleges the petitioner, Dr. Squatch LLC, did not properly identify all real parties in interest, warranting dismissal of the petition.
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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