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The government additional notes that Ajinomoto’s specific claim of priority from its 1993 software both limited the prior art on which GBT might rely for its invalidity defenses, thereby gaining a bonus for itself, and effectively concealed its greatest mode’s priority date from the public. Furthermore, Ajinomoto argues that it did not waive its right to say another precedence date for the ′160 patent by first asserting it after trial because GBT, not Ajinomoto, had the burden of proof in difficult Ajinomoto’s efficient submitting date. In other words, according to Ajinomoto, it’s nonetheless entitled to the November 24, 1994, filing date of its PCT application and, by implication, a finding that GBT violated part 337 by infringing the ′160 patent. Both the government and GBT reply that the Commission didn’t abuse its discretion in concluding that Ajinomoto had waived its proper to depend on its PCT software’s submitting date by not elevating the matter in its pre-trial brief as required by the ALJ’s stated floor guidelines. Finally, relating to the ′160 patent, Ajinomoto additionally argues that the Commission erred in invalidating declare 15 primarily based on a greatest mode violation as a end result of even when Ajinomoto did conceal its finest host pressure as of the filing date of its 1993 Japanese application, the only result’s that Ajinomoto can’t rely on that application for priority functions underneath 35 U.S.C.
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