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MEDYTOX, INC. v. GALDERMA S.A.

2022-1165.

71 F.4th 990 (2023)

MEDYTOX, INC., Appellant, v. GALDERMA S.A., Galderma Laboratories Inc., Galderma Laboratories, L.P., Galderma Research and Development, S.N.C., SHDS, Inc., Galderma Holdings S.A., Appellees. Katherine K. Vidal, under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: June 27, 2023.

Attorney(s) appearing for the Case

Vishal C. Gupta , Steptoe & Johnson LLP, New York, NY, argued for appellant. Also represented by Tyler Doh , John J. Molenda ; Christopher Alan Suarez , Washington, DC.

Joseph A. Mahoney , Mayer Brown, LLP, Charlotte, NC, argued for appellees. Also represented by Amanda Streff Bonner , Erick J. Palmer , Chicago, IL.

Robert McBride , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Sarah E. Craven , Thomas W. Krause , Farheena Yasmeen Rasheed .

Before Dyk, Reyna, and Stark, Circuit Judges.

Appellant Medytox, Inc. appeals a final written decision in a post-grant review proceeding of the Patent Trial and Appeal Board that denied Medytox's revised motion to amend to substitute claims 19-27 of U.S. Patent No. 10,143,728. On appeal, Medytox challenges the Board's findings on

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