On November 14, 2016, the PTAB issued a Final Written Decision upholding Paragon Bioteck, Inc.'s patent, U.S. Patent No. 8,859,623 B1 (the "'623 patent"), relating to a method of using an ophthalmic composition for pupil dilation. Altaire Pharmaceuticals, Inc. ("Altaire") filed a petition for post-grant review alleging, inter alia, that the claims in the '623 patent are unpatentable as obvious over Altaire's phenylephrine hydrochloride ophthalmic solution ("Altaire's product"), which was in public use, on sale or otherwise publicly available as of the effective filing date of the claims in the patent. On November 15, 2015, the PTAB instituted post-grant review in order to determine the obviousness of the claims in view of Altaire's product (see PGR2015-00011). The PTAB denied Altaire's novelty, indefiniteness and other obviousness grounds.
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