Fed. Circ. Affirms BP Loss In Review Of Acid Patent

By Kevin Penton (May 11, 2018, 8:00 PM EDT) -- The Federal Circuit on Friday affirmed a determination by the U.S. Patent Trial and Appeal Board that the asserted claims of a BP patent covering an acid used as an ingredient for making packaging containers are obvious based on prior art.

The appellate court panel's one-sentence order did not explain its rationale for affirming the board's February 2017 decision not to rehear its November 2013 determination. In an inter partes re-examination, the board had found that a combination of a patent specification and a patent that preceded BP Corp. North America Inc.'s patent would have made its asserted claims obvious.

The patent covers...

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