PTAB rules in favor of Finnegan client Neste Oil Oyj in IPR proceeding

Finnegan successfully represented Neste Oil Oyj as petitioner in an IPR proceeding against patent owner REG Synthetic Fuels, LLC. Neste established that prior art anticipated the claimed phase-change material composition and countered REG’s attempt to antedate the prior art. The Board also denied REG’s motion to amend, agreeing with Neste that the proposed substitute claims were impermissibly broader than the original claims. In addition, the Board excluded a number of documents offered by REG to corroborate its inventor’s testimony, holding that the documents lacked authentication or were hearsay. All challenged claims were held unpatentable.