On May 9, 2017, the Federal Circuit gave Finnegan client Nestle a second chance to challenge Steuben Foods Inc.'s patent on bacteria-free bottling. The court vacated and remanded the Patent Trial and Appeal Board's (PTAB) ruling that Steuben Foods' patent is valid. The determination of the patent's validity is dependent upon the level of how "aseptic" bottles have to be before they are filled. The Federal Circuit agreed with Nestle that the FDA had clear regulations related to packaging and remanded the case for a validity determination in line with Nestle's preferred interpretation.
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United States Court of Appeals for the Federal Circuit (CAFC), Food and Drug Administration (FDA)