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

Visit the PTAB Litigation Blog.

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.

Read the full article at

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.