ITC Invalidates Road Paving Machine Patent for Being An Abstract Idea, ITC Blog
In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction Machines & Components Thereof, Comm’n Op., Inv. 337‑TA‑1088 (July 15, 2019). We have previously reported on this investigation regarding whether a product prototype built abroad satisfies the domestic industry requirement (here), whether the domestic industry requirement necessitated the sale of a product prior to filing a complaint (here), and whether all complainants need standing at the ITC.
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