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Evidence Exclusion And Daubert Motion Denials Must Be Supported By Valid Legal Rule And Reasoning; Damage Calculation Must Account For Patents Not Asserted In The Case
08/05/2025In Jiaxing Super Lighting Elec. Appliance, Co. v. CH Lighting Tech. Co., Ltd, the Court of Appeals for the Federal Circuit reviewed the judgment in a patent infringement case involving three patents owned by Jiaxing Super Lighting Electric Appliance Co., Ltd. The patents in question—U.S. Patent Nos. 10,295,125 (’125 patent), 10,352,540 (’540 patent), and 9,939,140 (’140 patent)—relate to the physical configuration of LED tube lamps.
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Federal Circuit Holds That America Invents Act Does Not Affect On-Sale Bar To Patentability
08/20/2024
In Celanese Int’l Corp. v. ITC, the Federal Circuit addressed whether the America Invents Act (“AIA”) changed the on-sale bar such that the sale of a product made using a secret process would no longer invalidate later-sought claims on that process.
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Supreme Court Finds That The AIA Did Not Change Settled Pre-AIA Law That A “Secret” Sale May Trigger The On-Sale Bar
01/29/2019
On January 22, 2019, the United States Supreme Court issued an opinion affirming a decision by the Court of Appeals for the Federal Circuit (CAFC) that the Leahy-Smith America Invents Act (AIA) did not change the “on sale” bar. Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S., case no. 17-1229. The Supreme Court held that a commercial sale to a third party may still place the invention “on sale” under 35 U.S.C. § 102(a)(1) of the AIA, even if the third party was required to keep confidential the details of the invention.