In Celanese Int’l Corp. v. Int’l Trade Comm’n, the US Court of Appeals for the Federal Circuit held that pre-critical date sales of products made using a secret process preclude patenting the process under the Leahy America Invents Act’s (AIA) Section 102(a)(1) on-sale bar provision.
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ITC Correctly Found AIA Process Patent Invalid Based on Pre-Critical Date Sales: Federal Circuit
