When it comes to oil, even the Federal Circuit’s hands are sometimes tied. Last week, the Federal Circuit affirmed a Patent Trial and Appeal Board Precedential Opinion Panel decision.
Taranto, J. The Court considered a variety of appeals and cross appeals in a case involving six patents concerning "the engineering of plants, particularly canola, to produce specified oils not native to the plants."
Court upheld the standard defining the rare circumstances in which such a ruling is proper while questioning the Board’s reasoning of the standard. Hunting Titan, Inc. v. DynaEnergetics Europe GMBH. The Board found original claims of the patent unpatentable as anticipated.
The US Court of Appeals for the Federal Circuit addressed, for the first time, the issue of when the Patent Trial & Appeal Board (Board) may raise a ground of unpatentability that was.
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent.