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Syngenta Crop Protection LLC v. Willowood LLC, et al. (Fed. Cir. Dec. 18, 2019)

35 U.S.C. 271(g), which prohibits importation into the U.S. or offer for sale, sale or use within the U.S. of a product made by a process patented in the U.S., does not require a single actor to perform all steps of the patented process. Rather, liability arises from the importation, sale or use of the product made by the patented process.

35 U.S.C. 295 shifts the burden on the accused infringer to prove that the product was not made by the patented process once reasonable efforts is made to discover the process of making the product but to no avail.

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