CRA was retained by the petitioner in an IPR proceeding at the Patent Trial and Appeal Board (PTAB) to determine whether there was evidence of commercial success for certain pre-operative skin sterilization products. CRA’s team also conducted analyses demonstrating that the commercial performance of the product did not change following the issuance of the challenged patent. The PTAB found all challenged claims unpatentable and credited the testimony provided by Dr. Sean Sheridan.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...