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.
Insights by Jones Day 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 permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, 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.
