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
prototype built abroad satisfies domestic industry
requirements, whether the domestic industry requirement
necessitated the
sale of a product prior to filing a complaint, and whether all
complainants need standing at the ITC.
The '871 patent is directed to a road paving machine with an
adjustable screed assembly, which is a device attached at the rear
of a paving machine to spread and compact paving material into a
layer of "desired thickness, size, and uniformity." In
order to do that, the paving machine and the screed assembly
require a large number of adjustment parameters. The '871
patent discloses
