Fed. Circ. Backs Chevron's PTAB Win On Motor Oil Patent

Law360 (January 21, 2021, 6:19 PM EST) -- The Federal Circuit on Thursday said substantial evidence supports the Patent Trial and Appeal Board's decision that an Infineum USA LP motor oil patent that was challenged by Chevron is invalid as obvious.

The nonprecedential opinion rejected Infineum's argument that the PTAB violated the Administrative Procedure Act by improperly relying on new invalidity arguments and evidence it said Chevron Oronite Co. LLC impermissibly raised for the first time in its reply brief. The three-judge panel concluded that the invalidity theory Chevron presented in its petition remained constant throughout the proceedings.

"Contrary to Infineum's assertions, the Board did not err in concluding...

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