Fed. Circ. Upholds Chevron's Loss In PTAB Interference

By Britain Eakin (November 4, 2020, 6:52 PM EST) -- A split Federal Circuit panel ruled Wednesday that the Patent Trial and Appeal Board correctly found that the University of Wyoming Research Corporation was entitled to a patent covering a method for analyzing impurities in crude oil in an interference proceeding with Chevron.

The interference proceeding, in which the PTAB reviewed who was the first to invent in order to determine patent ownership, hinged on how the board construed a key element in the claims. While the majority found no error in the board's construction, U.S. Circuit Judge Pauline Newman said in a dissenting opinion that the university's patent application described...

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