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Domestic Marketing and Distribution of an Imported Product May Satisfy the Economic Prong of the Domestic-Industry Requirement

LASHIFY, INC. V. ITC - Before Prost, Taranto, and Chen. Appeal from the U.S. International Trade Commission. Warehousing, quality control, distribution, sales, and marketing expenses incurred in connection with an imported...more

Limits of Inherent Anticipation in Product-By-Process Claims

RESTEM, LLC v. JADI CELL, LLC - Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Inherency in product-by-process claims requires the prior art process to inevitably produce the claimed...more

Being Known Is Not Enough

VIRTEK VISION INTERNATIONAL ULC, v. ASSEMBLY GUIDANCE SYSTEMS, INC., DBA ALIGNED VISION - Before Moore, Hughes, and Stark.  Appeal from the Patent Trial and Appeal Board (“Board”)....more

Evidence of Commercial Success and the Prior Art

YITA LLC V. MACNEIL IP LLC - Before Taranto, Chen, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Evidence of commercial success that relates entirely to an individual claim element that was...more

Who Bears the Burden of Proof for IPR Estoppel?

IRONBURG INVENTIONS LTD. v. VALVE CORP. Before Lourie, Clevenger, and Stark.  Appeal from the United States District Court for the Western District of Washington. Summary: The patentee has the burden of proving that...more

Factual Disputes Preclude Grant of Summary Judgment of Improper Inventorship

Plastipak Packaging, Inc. v. Premium Waters, Inc. Before Newman, Stoll, and Stark. Appeal from the United States District Court for the Western District of Wisconsin. Summary: An overwhelming amount of evidence in favor of...more

Claim Directed to Specific, Hardware-Based Data Structure That Enables Technological Improvement Is Eligible Under § 101

ADASA INC. v. AVERY DENNISON CORPORATION - Before Moore, Hughes and Stark.  Appeal from the United States District Court for the District of Oregon. Summary: A claim directed to a specific, hardware-based data...more

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