“Whether the ALJ legally erred in concluding that Celanese’s sales of products made by its secret, inventive process invalidate its patent claims on that process under the on-sale provision of the AIA.”
“[W]e hold that the enactment of the AIA did not constitute a foundational change in the theory of the statutory on-sale bar provision, 35 U.S.C. § 102(a)(1), in particular, to require that sales of products made using a secret process cannot trigger the on-sale bar. We conclude that Celanese fails to show the AIA overturned settled precedent that pre-critical date sales of products made using a secret process preclude the patentability of that process. Celanese’s pre-2015 sales of Ace-K made using its secret process thus trigger the on-sale bar and preclude patentability of that process. Those sales thus render invalid Celanese’s later-sought patent claims on that process.”
