The District Court for the District of Delaware granted final judgment to plaintiff Union Carbide after a jury found that defendant Shell infringed claim 4 (a process claim) of Union Carbide’s ‘243 patent via Shell’s use and sale of catalysts recited in claim 4. However, the damages award did not account for Shell’s exportation of catalysts because the district court ruled in limine that 35 U.S.C. § 271(f) damages are not available for process claims.
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