Fed. Circ. Revives Oil IP Claims After PTAB Breaks Its Word

By Dani Kass (September 16, 2021, 5:29 PM EDT) -- The Federal Circuit on Thursday gave Baker Hughes Oilfield a chance to save part of its oil and gas well patent after finding that the Patent Trial and Appeal Board invalidated five claims on grounds the board had indicated it wouldn't pursue.

The three-judge panel said the PTAB violated the Administrative Procedure Act when it found claims of Baker Hughes' patent for "plugging a borehole in an oil or gas well" invalid as obvious, and vacated that ruling. Innovex Downhole Solutions Inc.'s petition had one ground that the PTAB admitted was "less focused than desirable," and said it would likely ignore,...

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