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The Federal Circuit’s opinion in Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc. reminds practitioners to be explicit in identifying the defenses that they will be relying upon. Specifically, the majority did not address an experimental use defense to an on-sale bar allegation. Despite references to facts supporting an experimental use defense, the patentee did not use the catchphrase “experimental use” in presenting its defense, and the majority declared that the defense had not been raised.

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