PTAB’s Bait-and-Switch Violated the APA, PTAB Litigation Blog

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In Baker Hughes Oilfield v. Hirshfeldthe Federal Circuit held that the PTAB violated the Administrative Procedure Act (“APA”) by finding certain instituted claims obvious on grounds it had indicated in its institution that it would not consider.  The appeal arose from IPR proceedings filed by Innovex Downhole Solutions, Inc. against U.S. Patent No. 9,080,439 (“the ‘439 patent”) owned by Baker Hughes Oilfield.

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