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Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc.

U.S. Venture, Inc. and U.S. Oil Co., Inc. (collectively, “Venture”) appeal the judgment of the Northern District of Illinois that Venture infringed patents owned by Sunoco Partners Marketing & Terminals L.P. (“Sunoco”). Sunoco cross-appeals. As to Venture’s appeal, we first reverse the district court’s determination that the experimental-use doctrine insulates a subset of asserted patent claims from the on-sale bar, vacate the infringement judgment as to those claims, and remand for the district court to analyze the second prong of the on-sale bar. Second, we vacate the infringement judgment with respect to patent claims that we affirmed are invalid in a separate appeal. Third, we adopt the district court’s claim constructions and affirm its infringement judgment regarding two patent claims. Fourth, we vacate the district court’s decision to treble the damages award, remanding for further proceedings. On the cross-appeal, we affirm the district court’s decisions to deny lost-profits damages and to award a $2 million reasonable royalty.

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