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US Synthetic patent wrongly declared eligible, USITC respondents say

By Melissa Ritti ( April 15, 2025, 14:41 GMT | Comment) -- Which standard of review — de novo, or for substantial evidence — applies at the US Court of Appeals for the Federal Circuit when reviewing findings of patent ineligibility by the US International Trade Commission was put to the full court yesterday. Respondents in a probe initiated by US Synthetic say that, in disregarding or overlooking the quasi-judicial agency’s factual findings, the Federal Circuit recently ran afoul of the Administrative Procedure Act. With the USITC fielding more infringement complaints, and the US Supreme Court showing no inclination to revisit their patent eligibility framework, the petition for rehearing presents a crucial question, and comes at a critical time.SF Diamond Co., Zhengzhou New Asia Superhard Material Composite Co. and others are asking the US Court of Appeals for the Federal Circuit to take a second look at a recent decision which undid controversial findings of patent ineligibility by the US International Trade Commission....

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